[WSBAPT] Survival for Intestate Succession

Fri Aug 23 12:31:04 PDT 2019

If the intestate distribution statute requires survival one could argue that mother didn't survive under RCW 11.05A.020 and son's estate goes to the next level of heirship which would be Aunts and Uncles (children of Mother)

Bryce H. Dille | Attorney at Law
Dille Law, PLLC
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of J A Cyphers
Sent: Friday, August 23, 2019 12:17 PM
To: Probate List Serve <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Survival for Intestate Succession

RCW 11.05A.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.05A.020>
Minimum survival requirement-Probate code.
Except as provided in RCW 11.05A.060<http://app.leg.wa.gov/RCW/default.aspx?cite=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.<http://lawfilesext.leg.wa.gov/biennium/2007-08/Pdf/Bills/Session%20Laws/House/2236.SL.pdf?cite=2007%20c%20475%20§%208.>]

Jackie Cyphers
Jeannette A. Cyphers, Attorney at Law
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Edmonds, WA 98020-0908
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-------Original Message-------

From: Jeannie OBrien<mailto:jeannie at selanderobrien.com>
Date: 8/23/2019 12:12:26 PM
To: 'WSBA Probate & Trust Listserv'<mailto:wsbapt at lists.wsbarppt.com>
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<http://www.SelanderOBrien.com>
3829C South Edmunds Street
Seattle, WA 98118
(206) 723-8200 ofc
(206) 723-3829 fax
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