[WSBAPT] Omitted Grandchild Under RCW 11.12.091?

David Faber david at faberfeinson.com
Tue Apr 17 11:50:25 PDT 2018


PC is friend and named Personal Representative of Decedent's Will, which
leaves everything to a specifically named grandchild and omits reference to
two grandchildren who were born after the date of Decedent's Will. RCW
11.12.091 specifically references "omitted *children*" and not "issue" or
"descendants". "Child" is not defined in the statute and the only case I
have been able to find defining "child" states that it shall have the
"usual" definition (i.e. not "grandchild"). I have been unable to find any
caselaw addressing the omitted grandchild issue and the deskbook is silent
on the issue. Has anyone ever run across this issue? It cannot be that rare
and it almost certainly has to have been litigated, but I'm having no luck.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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