[WSBAPT] half sister an heir by descent?

[Eric Nelsen]

My interpretation of the situation for half-bloods is that they are treated the same as a whole-blood sibling, except as to specific property that the decedent owned at time of death that the decedent had inherited from the other bloodline.

In your case, if decedent owns, for example, a house that he inherited from his dad, that house would not go to the half-sister, but would go only to the brother.

Cribbing from some WSBA subcommittee work I participated in with some other attorneys 5-6 years ago, regarding the half-blood statute:

RCW 11.04.035 also is called the "ancestral property" statute. Ancestral property exists where "the inheritance comes to the intestate by descent, devise, or gift from one of his ancestors." Estate of Little, 106 Wn.2d 269, 285, 721 P.2d 950 (1986). Jurisdictions differ on which ancestor is of import in the analysis - the ancestor from whom the decedent received the property, or the original ancestor who acquired the property (the "first purchaser"). Washington courts have aligned with the majority of jurisdictions rejecting the "first purchaser" doctrine, and have held that "the ancestor whose blood is to be considered is the one from whom the property immediately came to the intestate." Little at 278. Where property is identifiable as ancestral property, the current statute operates to exclude half-bloods from intestate inheritance. Id. at 285. Jurisdictions differ on which ancestor is of import in the analysis - the ancestor from whom the decedent received the property, or the original ancestor who acquired the property (the "first purchaser"). Washington courts have aligned with the majority of jurisdictions rejecting the "first purchaser" doctrine, and have held that "the ancestor whose blood is to be considered is the one from whom the property immediately came to the intestate." Id. at 278 . Where property is identifiable as ancestral property, the current statute operates to exclude half-bloods from intestate inheritance.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Friday, February 28, 2020 10:11 AM
To: wsbar trust <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] half sister an heir by descent?

I have an estate where decedent did not have a will.; no wife and no kids and no parents surviving.
He has one full brother and a half sister.  The half sister is a daughter of his mom but not his dad.

I assume both the full and half sibling inherit equally.  This is because under 11.04.015(2)(c)  "if the intestate not be survived by issue or by either parent, then those issue of the parent or parents who survive the intestate" and both half and full sibblings are issue of the parent.

But I pause after I  read 11.04.035, and it isn't something I have had experience with.
Is she as surviving half sister "kindred of the half blood" who inherits; or is she excluded because  the decedent brother is not "her ancestor or kindred of her ancestor"?  I would guess that a half sister is "kindred" of both her parents and therefore is a "kindred of such ancestor's blood"? But it doesn't really work between siblings like it would if the inheritance came from a parent ancestor. ??

Thanks
Josh
Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
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