[WSBAPT] RCW 11.04.015

Tue Jun 2 17:10:13 PDT 2020

Josh:

Thank you! I have never thought that one through. Good to know!

Jayne

On Tue, May 12, 2020 at 9:34 AM JOYCE SCHWENSEN <Joyce at schwensenlaw.com>
wrote:

> It gets even weirder when  you go up to grandparents’ level, which I have
> actually had to deal with.
>
>
>
> As I read it, if there are no surviving children, parents, siblings, or
> issue of siblings, then the estate goes to grandparents or issue of
> grandparents. RCW 11.04.015(d) and (e). But if there are both pre-deceased
> and surviving grandparents, the surviving grandparent(s) takes all even if
> there are issue of the pre-deceased grandparent(s). And if there are both
> maternal and paternal surviving grandparents, then the estate is divided
> half to the maternal grandparent or grandparents as a group and half to the
> paternal grandparent or grandparents. So if there are three surviving
> grandparents, one would get half and the other two would share half.
>
>
>
> But if there are also no surviving grandparents, and there are issue of
> both maternal and paternal grandparents, then the estate is divided in half
> with one half going to the surviving issue of the maternal grandparents,
> and the other half going to the surviving issue of the paternal
> grandparents. However, if the issue of either side are all of equal degree
> of kinship then they take equally, but if they are not all of the same
> degree of kinship then they take by representation.
>
>
>
> Joyce
>
>
>
>
>
> *Law Office of Joyce S. Schwensen*
>
> *Joyce S. Schwensen*
>
> 12055 15th Ave NE
> Seattle, WA  98125
> Tel: (206) 367-1065
>
> Fax: (206) 899-1674
> Joyce at SchwensenLaw.com
>
> www.SchwensenLaw.com <http://www.schwensenlaw.com/>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *John J. Sullivan, Esq.
> *Sent:* Monday, May 11, 2020 11:38 PM
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] RCW 11.04.015
>
>
>
> Wow. I was definitely wrong. I stand corrected. What a weird outcome the
> statute requires, IMHO. I don’t think I’ve ever had to interpret this for a
> client in a situation where the result would be other than per stirpes.
> Never stop learning.
>
>
>
> John J. Sullivan
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *John J. Sullivan, Esq.
> *Sent:* Monday, May 11, 2020 6:33 PM
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] RCW 11.04.015
>
>
>
> Tracie:
>
>
>
> It’s essentially a per stirpes regime. The use of the term “issue” means
> the descendant can be “illegitimate.”
>
> So … for example … if intestate decedent left no spouse or issue of his
> own and his parents are dead … the residuary estate is divided in equal
> shares among each line that contains surviving issue. If decedent had four
> siblings, two survived, the other two did not survive, and one of the
> predeceased siblings left two kids, the residuary estate is first split
> into three equal shares. Then the share of the predeceased sibling who left
> two children is divided equally among the two nieces/nephews.
>
>
>
> John J. Sullivan
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Ronald St. Hilaire
> *Sent:* Monday, May 11, 2020 5:40 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] RCW 11.04.015
>
>
>
> Tracie,
>
>
>
> Don’t forget the definition of “issue” in RCW 11.02.005(8).  “Issue” is
> not limited to children.  It includes all lineal descendants of an
> individual.  Thus, “those issue of the parent or parents who survive the
> intestate” includes the surviving nieces and nephews of the intestate whose
> parents (sibling of the intestate) have predeceased the intestate.
>
>
>
> If all siblings of the intestate are surviving, they take equally.  If
> there are surviving siblings and deceased siblings with surviving issue
> (presumably nieces and nephews), then the surviving issue take by
> representation.  If all of the siblings are deceased, but there are
> surviving nieces and nephews, then the surviving nieces and nephews share
> equally because they are the same degree of kinship.  “Degree of kinship”
> is also defined at RCW 11.02.005(3).
>
>
> ------------------------------
>
> *Ronald F. St. Hilaire** ·* Certified Elder Law Attorney
>
> Liebler & St. Hilaire, P.S.
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Tracie Wall
> *Sent:* Monday, May 11, 2020 5:03 PM
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] RCW 11.04.015
>
>
>
> Dear Colleagues:
>
>
>
> Having difficulty interpreting RCW 11.04.015 and would appreciate input.
>
>
> RCW 11.04.015 (2) (c) Descent and distribution of real and personal
> estate provides:
>
> (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.
>
>
>
> I read the statute to mean only the *surviving* siblings of the deceased
> inherit but I am confused by the degree of kinship language.
>
>
>
> How have/do others interpret the statute?  Do only the surviving siblings
> inherit or do deceased siblings issue inherit by representation?
>
>
>
> Thank you for any input!
>
>
>
> *Tracie L. Wall* | Attorney | CPA (Inactive) |VA Accredited
>
> Licensed in Washington and Wisconsin
>
>
>
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> (Formerly Law Office of Tracie Wall and Associates PLLC)
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-- 
*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
*************************************************
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