[WSBAPT] Intestate Lineal Descendants of siblings

[Josh Grant]

That is interesting.  I thought issue of a parent meant, in your case, the two living sisters, only, because they are the only issue of the parent who survived the intestate.  You don’t say if, at the moment of the death of the intestate,  either of the now deceased sisters were living.  If one or the other of the now deceased sisters outlived the intestate, then I would think the additional language of “unequal degree” might mean something.  But maybe “issue” means more than a child who was directly “issued” from a parent?

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Jennifer Modak 
Sent: Wednesday, May 29, 2019 3:57 PM
To: WSBA Probate & Trust Listserv 
Subject: [WSBAPT] Intestate Lineal Descendants of siblings






Hi All

I have a probate where the descendant had no children or spouse, has two living sisters, and two deceased sisters with descendants. I want to make sure that I am reading the statute that the deceased siblings' children would take as issue (remote kinship). 


 
RCW 11.02.005

(8) "Issue" means all the lineal descendants of an individual. 


 
RCW 11.04.015. Descent

2(c) If the intestate not be survived by issue or by either parent, then to those issue of the parent or parents who survive

the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or, if of unequal degree,

then those of more remote degree shall take by representation.


 
Thanks

Jennifer M. Modak

Attorney at Law

Law Office of Jennifer Modak, PLLC

19125 North Creek Parkway, Suite 120

Bothell, WA 98011

206-747-0477


 
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