[WSBAPT] RCW 11.04.015

[Lewis, Amy C.]

Descendants of deceased sibling(s) inherit by right of representation.


Amy Lewis, Attorney

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1201 Pacific Avenue, Suite 1200 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>
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)
51 W. Dayton St., Suite 305  |  Edmonds, WA 98020
Tel 425.670.1560  |  Fax 425.361.1512  | http://www.wallgrouplaw.com<http://www.wallgrouplaw.com/>

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