[WSBAPT] half sister an heir by descent?

Mon Mar 9 16:41:18 PDT 2020

The decedent received the house as a gift jointly from his mom and dad? If the house was the community property of mom and dad I honestly have no idea how to handle that under the half-sibling rule. My first thought is that it would prevent the half-sibling rule from applying-the house is not "ancestral property" because it didn't come exclusively from dad.

Community property is generally considered "indivisible" during the marriage-each spouse owns an undivided interest in the whole, similar to (but not the same as) tenancy in common. The community interest is severed only by divorce or death. So if it was community property with mom, then decedent probably received it as an "indivisible" gift from both dad and mom, that wouldn't be separated into 1/2 from dad and 1/2 from mom.

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: Monday, March 9, 2020 4:11 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] half sister an heir by descent?

Thank You Both.
Very helpful.
In this case the bachelor decedent didn't "inherit" from his mom and dad, but instead the $90,000 house was gifted to him by his mom and dad while both were living.  And I see Sara advised that the house, if given or inherited, is traced and because the bachelor received the residence from both the mother of the half sister and from the dad of the full brother, then the both the half sister and the brother gets 1/2 of the proceeds of the house.  There is about $300,000 to $500,000 of classic restored cars, which we won't be able to trace, but I assume the decedent acquired those while living.  Having not received any of the cars by gift or inheritance, then I take it the brother and the half sister would inherit those funds equally?

Josh

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

From: Sara D. Longley
Sent: Friday, February 28, 2020 11:04 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] half sister an heir by descent?

Hi Josh,

I have had some fun with this statute lately.  What it means is, if any of the decedent's estate assets were inherited or received by gift from the parent who is not also a parent of the person who is "kindred of the half blood" then that person does not inherit those assets.

For example, if a person inherits a house from one parent and then dies without a will, only the decedent's kin who are also descended from that parent will be heirs to that house.  Kin descended from the decedent's other parent would inherit equally other portions of decedent's estate, so it is important to trace assets and see if any are inherited or gifted from just one parent.

I'd be happy to chat offline if you like.

Best,
Sara Longley

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Sara D. Longley, J.D., LL.M.

LONGLEY LAW PLLC
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Seattle, WA 98107
(206) 434-5644<tel:%28206%29%20434-5644>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto: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<mailto: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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