[WSBAPT] Intestate Succession

[Eric Nelsen]

I agree with you and the others. The decedent's relatives through his father receive 50%, which means the father's sister (aunt) gets 50%. And decedent's relatives through his mother receive 50%, which means the cousins divide the other 50% by right of representation.

You didn't say so, but it sounds like all the cousins are children of a sibling of decedent's mother. You might doublecheck to make sure there is no first cousin who is deceased and left children of their own. Since it is by right of representation, if a mother's sibling has a deceased child who left issue of their own, those cousins (grandchildren of mother's sibling) would take their parent's share.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Pam Rohr
Sent: Thursday, April 29, 2021 2:09 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Intestate Succession

I have a probate issue I hope you can help me with.

Decedent does not have a will and is not survived by spouse, issue, parents or grandparent.  On his fraternal side, he is survived by one aunt and on his maternal side he is survived by 8 cousins.

Under RCW 11.04.015(2)(e), if I am interpreting this correctly, the beneficiaries are split into the fraternal and maternal line.  The one Aunt gets 50% and the 8 cousins split the remaining 50%.

In 30 years of probate practice I have never had to go this far down the line of succession and would appreciate feedback as to whether I am correct or if I should reexamine my conclusion.

Thank you,

Pam Rohr

Pamela H. Rohr, Esq.
Trunkenbolz | Rohr pllc
P.O.  Box 14033
Spokane, WA  99214
(509) 928-4100
phr at trlaw-spokane.com<mailto:phr at trlaw-spokane.com>
www.SpokaneLegalEagle.com<http://www.SpokaneLegalEagle.com>

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