[WSBAPT] RCW 11.04.015

Tue May 12 09:28:12 PDT 2020

It gets even weirder when  you go up to grandparents' level, which I have actually had to deal with.

As I read it, if there are no surviving children, parents, siblings, or issue of siblings, then the estate goes to grandparents or issue of grandparents. RCW 11.04.015(d) and (e). But if there are both pre-deceased and surviving grandparents, the surviving grandparent(s) takes all even if there are issue of the pre-deceased grandparent(s). And if there are both maternal and paternal surviving grandparents, then the estate is divided half to the maternal grandparent or grandparents as a group and half to the paternal grandparent or grandparents. So if there are three surviving grandparents, one would get half and the other two would share half.

But if there are also no surviving grandparents, and there are issue of both maternal and paternal grandparents, then the estate is divided in half with one half going to the surviving issue of the maternal grandparents, and the other half going to the surviving issue of the paternal grandparents. However, if the issue of either side are all of equal degree of kinship then they take equally, but if they are not all of the same degree of kinship then they take by representation.

Joyce

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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 11:38 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] RCW 11.04.015

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of John J. Sullivan, Esq.
Sent: Monday, May 11, 2020 6:33 PM
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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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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).

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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 Tracie Wall
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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

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