[WSBAPT] Survival for Intestate Succession

[J A Cyphers]

RCW 11.05A.020
Minimum survival requirement—Probate code.
Except as provided in RCW 11.05A.060 and except for the purposes of the
uniform TOD security registration act, if the title to property, the
devolution of property, the right to elect an interest in property, or the
right to exempt property, homestead, or family allowance depends upon an
individual's survivorship of the death of another individual, an individual
who is not established by clear and convincing evidence to have survived the
other individual by one hundred twenty hours is deemed to have predeceased
the other individual. This section does not apply if its application would
result in a taking of intestate estate by the state.
[ 2007 c 475 § 8.]
 
 
 
Jackie Cyphers
Jeannette A. Cyphers, Attorney at Law
P. O. Box 908   
Edmonds, WA 98020-0908
425-776-5887
fax 425-640-0814
jacyphers at gmail.com
 
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-------Original Message-------
 
From: Jeannie OBrien
Date: 8/23/2019 12:12:26 PM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] Survival for Intestate Succession
 
Hello – 
 
I have an unfortunate probate where a mother and son were murdered while the
son was visiting his mother in Pennsylvania. The son was killed 12 hours
before the mother, according to the charging documents, and (perhaps more
importantly) his death was the day before hers. Son is intestate and
resident of WA; mother has a valid will to be probated in PA. 
 
I am not finding any period of survival required for the mother, and she is
his only intestate heir. Do any of you know any reason why her estate should
not be the sole recipient of her son’s estate? Probably not something that
comes up regularly, and I am not finding any cases that address it.
 
Thanks for your thoughts, Jeannie 
 
Jeannie O'Brien, Attorney
www.SelanderOBrien.com
3829C South Edmunds Street
Seattle, WA 98118
(206) 723-8200 ofc
(206) 723-3829 fax

 
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