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

[nestor at pplsweb.com]

As said at the end, one can't cover every scenario. This is all the more
reason to impress upon the public to have a will in the first place and
avoid unintended consequences.

 

I always tell clients when they ask if one is necessary, "either you decide
who gets what and who doesn't and how much or little, or you let the state
decide for you.

 

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

 

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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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