[WSBAPT] Intestate Lineal Descendants of siblings

[Eric Nelsen]

I think there is a distinction between "issue" and "heirs." So it depends on what you are looking at. "Issue" is definitely lineal descendants and is not the same as "heir", so if something says it's to go to "issue" it would not pass to siblings or nieces/nephews.

If you are trying to determine who the decedent's heirs are--who inherits via intestacy--then the heirs would be the siblings by right of representation if the decedent's parents are deceased. That would mean an initial split into four equal shares: one to each living sister, and one share to each deceased sister. A share to a deceased sister would be further divided among that deceased sister's issue by right of representation.

So, if a deceased sister had three kids of her own, one of whom is also deceased leaving two kids surviving, then that deceased sister's one-quarter share of the estate would be further divided in thirds, one-third to each living child of the deceased sister, and one-third further divided equally between the two kids of the deceased child of deceased sister.

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] On Behalf Of Jennifer Modak
Sent: Wednesday, May 29, 2019 3:58 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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