[WSBAPT] RCW 11.04.015

Mon May 11 23:38:05 PDT 2020

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
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Ronald St. Hilaire
Sent: Monday, May 11, 2020 5:40 PM
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<mailto: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.

P.O. Box 6125 . Kennewick, WA  99336

8131 W. Grandridge Blvd., Suite 101 . Kennewick, WA  99336

(509) 735-3581 office . (509) 735-3585 fax

 <mailto:rfs at licbs.com> rfs at licbs.com .  <http://www.bentonfranklinlaw.com/>
www.bentonfranklinlaw.com 

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specialties in the practice of law.  Certification is not required to
practice law in the State of Washington.  

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Tracie Wall
Sent: Monday, May 11, 2020 5:03 PM
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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

(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/>
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