[WSBAPT] Intestate question

[James W. Spencer]

Greetings Marcus:

That's my read. I'm very interested to hear from others who may have a different take.

-James

James W. Spencer
Attorney at Law
Brothers & Henderson, P.S.
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Seattle, Washington 98102
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Marcus Fry
Sent: Wednesday, February 5, 2020 10:40 AM
To: WSBA Probate & Trust Listserv (wsbapt at lists.wsbarppt.com) <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Intestate question

Husband and wife die intestate and within 4 days of each other.  There is no dispute by coroner whatsoever as to who died first.  I have read and re-read RCW 11.05A.020.  Am I correct that regardless of undisputed evidence of time of each of their deaths, if a decedent dies without a will, there is a 120-hour survival requirement for an intestate heir in order to inherit from the decedent's estate?

RCW 11.05A.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.05A.020>
Minimum survival requirement-Probate code.
Except as provided in RCW 11.05A.060<http://app.leg.wa.gov/RCW/default.aspx?cite=11.05A.060> and except for the purposes of the uniform TOD security registration act, if the title to property, the devolution of property, the right to elect an interest in property, or the right to exempt property, homestead, or family allowance depends upon an individual's survivorship of the death of another individual, an individual who is not established by clear and convincing evidence to have survived the other individual by one hundred twenty hours is deemed to have predeceased the other individual. This section does not apply if its application would result in a taking of intestate estate by the state.

RCW 11.04.015<http://app.leg.wa.gov/RCW/default.aspx?cite=11.04.015>
Descent and distribution of real and personal estate.
The net estate of a person dying intestate, or that portion thereof with respect to which the person shall have died intestate, shall descend subject to the provisions of RCW 11.04.250<http://app.leg.wa.gov/RCW/default.aspx?cite=11.04.250> and 11.02.070<http://app.leg.wa.gov/RCW/default.aspx?cite=11.02.070>, and shall be distributed as follows:
(1) Share of surviving spouse or state registered domestic partner. The surviving spouse or state registered domestic partner shall receive the following share:
(a) All of the decedent's share of the net community estate; and
(b) One-half of the net separate estate if the intestate is survived by issue; or....

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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