[WSBAPT] Award to surviving spouse or children—

[Diane J. Kiepe]

Michael,

I am not sure your reading is accurate.  I have always read the statute to require the SS of SD to start the petition if there is such a person.  The children of the decedent can only come in after that person petitions to divide such award.  I have never read this statute to allow a child to petition for an award where there is a SS or SD.

If there is not a SS or SD then minor children (through representative) can file –

Good luck,

I’ll be following.


Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300





From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael at westseattleattorney.com
Sent: Wednesday, April 29, 2020 11:33 AM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Award to surviving spouse or children—

When the statute states that "children" can petition for an award if surviving spouse does... it does not qualify them as "minor" or "dependent" children.   If there a condition?

RCW 11.54.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.54.010>
Award to surviving spouse, domestic partner, or children—Petition.
(1) Subject to RCW 11.54.030<http://app.leg.wa.gov/RCW/default.aspx?cite=11.54.030>, the surviving spouse or surviving domestic partner of a decedent may petition the court for an award from the property of the decedent. If the decedent is survived by children of the decedent who are not also the children of the surviving spouse or surviving domestic partner, on petition of such a child the court may divide the award between the surviving spouse or surviving domestic partner and all or any of such children as it deems appropriate. If there is not a surviving spouse or surviving domestic partner, the minor children of the decedent may petition for an award.

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