[WSBAPT] RCW 11.04.015

Mon May 11 17:40:09 PDT 2020

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).

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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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