[WSBAPT] Intestate Inheritance with "kindred of the half blood"

[Karl Flaccus]

Thanks Eric for your explanation.  Might the rule have come about when half-siblings lived perhaps in the same city or county?  Now everyone is mobile, and more likely than not the half-siblings live far away and therefore are less likely to know each other.

The "50% to issue of the father and 50% to issue of the mother" approach would mimic what happens if both parents are alive: half goes to one parent, and half goes to the other.  Why should it be any different after death?

I cannot say this comes up often in my experience, so maybe it's not much of a problem.  I just happen to be looking at a similar situation right now.

Thank you.

Karl

FLACCUS LAW
7010 35th Ave. N.E.
Seattle, Washington  98115
206 523-0297

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Wednesday, February 20, 2019 4:33 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Intestate Inheritance with "kindred of the half blood"

I was part of a short-lived Bar subcommittee on this issue a year or so ago, trying to figure out if there is a need for a legislative change. We were a lowly subcommittee so I don't know what the full committee ever concluded, but nothing has been done so far as I know.

It does get a little complicated, because the intestacy statute is trying to imagine, and provide for, a "typical" family, and give the inheritance to those persons that a decedent would "typically" be closest to and would presumably prefer. We want to avoid the so-called "laughing heir," the remote relative who isn't sad that the decedent died because they never even knew each other.

We found that there is no obvious "typical" when it comes to half-sibs. Many half-sibs are close in age and are raised as children all in the same household, and so have a regular sibling relationship despite not being full sibs. That's the counterexample to your example, which is the other end of the spectrum. In your case, there is often a big age gap between half siblings and they are raised in entirely separate households and may not even really know each other very well.

Since intestacy is the "default" inheritance, which scenario should the legislature enact as "typical"? Some options that have been argued amount to giving the court discretion to determine, after the death of the decedent, whether the half-sibs are sufficiently "close" to the decedent to allow inheritance. We discarded that--seems like a huge can of worms. Not to mention, if that were the criteria, why not exclude full siblings--or any other relative--who the decedent had no relationship with? We need a clear intestacy scheme that has no discretionary variables.

I like your proposal, as it is relatively simple--the "50% to issue of the father and 50% to issue of the mother" approach is already used as to grandparents, when the heirs are related to the decedent only through the grandparents. RCW 11.04.015(2)(e)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.04.015>. But keep in mind that the proposal still would be merely a method of splitting the baby, and doesn't really resolve the underlying problem: that intestacy is a default rule that can't cover all scenarios, and half-sibs come in a wide variety of familial closeness. Maybe splitting the baby is better than favoring inclusion of half-sibs; but I'm not certain.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Karl Flaccus
Sent: Wednesday, February 20, 2019 3:54 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Intestate Inheritance with "kindred of the half blood"

You're right, I meant to say half-siblings, not step-siblings. Here is how it should have read:

If a person dies intestate without children or spouse, and the intestate's parents are deceased, the heirs are the deceased's siblings, whether those siblings are full siblings or half siblings.  RCW 11.04.035.  So a person might die with a twin who survives, for example, and that surviving twin has to share her brother's inheritance with 9 half siblings a thousand miles away who she's never met.  This seems odd, but that's the law.

There is an exception to this if the property is traceable to the twins' parent (ancestor) who is not the parent of the half-children, in which case those traceable funds go only to the twin and not to the half siblings.  RCW 11.04.035.  Ok, that makes sense.

Going back to the first paragraph above: I know this is not the law, but it seems to me it would make more sense if an intestate's estate (that is not traceable to one parent or another) would go 50% to mom's children and 50% to dad's children.  In the case of a twin with 9 half-siblings, under this proposal the twin would get 55% and each half-sibling would get 5%.   If the twin had 3 half-siblings instead of 9, the twin would receive 62.5%, and 12.5% would go to each half-sibling.

Wouldn't that make more sense?

Karl

FLACCUS LAW
7010 35th Ave. N.E.
Seattle, Washington  98115
206 523-0297

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Mike Winslow
Sent: Wednesday, February 20, 2019 12:14 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Intestate Inheritance with "kindred of the half blood"

First, I think you are confusing terms between half siblings and step siblings. The steps have no claim because they are not blood relatives. The half sibs do because they share one parent with the decedent.
See Section 6.4 of the WSBA Probate desk book. The discussion about ancestral property (which you raised below) is also interesting.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com<mailto:Mike at winslegal.com>

This message is from an attorney, so it's confidential. If you are not the intended recipient, it's too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Karl Flaccus
Sent: Wednesday, February 20, 2019 11:48 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Intestate Inheritance with "kindred of the half blood"

If a person dies intestate without children or spouse, and the intestate's parents are deceased, the heirs are the deceased's siblings, whether those siblings are full siblings or half siblings.  RCW 11.04.035.  So a person might die with a twin who survives, for example, and that surviving twin has to share her brother's inheritance with 9 step siblings a thousand miles away who she's never met.  This seems odd, but that's the law.

There is an exception to this if the property is traceable to the twins' parent (ancestor) who is not the parent of the step-children, in which case those traceable funds go only to the twin and not to the step-sibs.  RCW 11.04.035.  Ok, that makes sense.

Going back to the first paragraph above: I know this is not the law, but it seems to me it would make more sense if an intestate's estate (that is not traceable to one parent or another) would go 50% to mom's children and 50% to dad's children.  In the case of a twin with 9 step-siblings, under this proposal the twin would get 55% and each step-child would get 5%.   If the twin had 3 step siblings instead of 9, the twin would receive 62.5%, and 12.5% would go to each step sibling.

Wouldn't that make more sense?

Karl
FLACCUS LAW
7010 35th Ave. N.E.
Seattle, Washington  98115
206 523-0297
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