[WSBAPT] RCW 11.04.015

Tracie Wall tlw at traciewalllaw.com
Mon May 11 17:03:13 PDT 2020


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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