[WSBAPT] FW: MORE re Unadopted Stepchildren wrongful death claim?

[Jeff Crollard]

And the answer is ...... stepchildren DO have a wrongful death claim.  See In re Estate of Blessing, 174 Wn 2d 228, 231 (2012), and Leren v. Kaiser Gypsum Co., 9 Wn App 2d 55 (2019).  This includes unadopted stepchildren (which I've learned is the definition of a stepchild; if adopted it's a child), and includes stepchildren from a predeceased spouse (Blessing) and from a divorced spouse (Leren).  Thanks to several of you for the guidance and caselaw!

Jeff

Jeff B. Crollard
Crollard Law Office, PLLC
4616 25th Ave NE, #743
Seattle, WA 98105-4183
Phone:  206-468-2192
Fax:  206-260-7357
jbc at crollardlaw.com<mailto:jbc at crollardlaw.com>

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From: Jeff Crollard
Sent: Friday, July 30, 2021 11:51 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: MORE re Unadopted Stepchildren wrongful death claim?

Greetings,

I got one response that made some very important distinctions I'd missed:

Stepchildren, even though adults, still have a wrongful death claim. I would argue plain language of the statute confirms that. Adopted kids are always just "children" without any need to specify anything, because once adopted they are lawful children of the parent and there's no statutory ambiguity.

I completely agree you are correct to distinguish between inheritance law and wrongful death claim. For purposes of inheritance, a stepchild is not a relative and they don't inherit anything under intestacy. But wrongful death claims are not estate funds and aren't an inheritance; they are a cause of action whose benefit flows directly to the statutory beneficiaries named, outside the estate. Even though the PR is the nominal plaintiff, it's not a cause of action belonging to the decedent or the estate.

Curious as to others' thoughts.

Thanks again!

Jeff


Jeff B. Crollard
Crollard Law Office, PLLC
4616 25th Ave NE, #743
Seattle, WA 98105-4183
Phone:  206-468-2192
Fax:  206-260-7357
jbc at crollardlaw.com<mailto:jbc at crollardlaw.com>

PLEASE NOTE NEW ADDRESS, PHONE AND FAX

This email is confidential and may contain information that is protected by attorney-client, work product or other privileges.  If you are not the intended recipient, any dissemination, use or reliance upon its contents is prohibited.  If you received this email in error, please notify me and then delete the email.

From: Jeff Crollard
Sent: Friday, July 30, 2021 10:51 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Unadopted Stepchildren wrongful death claim?

Greetings,

I have a nursing home death case and wanted to double check on who has a wrongful death claim.  The decedent has surviving children of his own  He also has surviving stepchildren, who were already adults when he married his second wife (and thus nonadopted).

The wrongful death statute lists "stepchildren" as beneficiaries, but doesn't define the term.  RCW 4.20.020: Wrongful death-Beneficiaries of action. (wa.gov)<https://app.leg.wa.gov/RCW/default.aspx?cite=4.20.020>

The intestacy law includes the decedent's "issue" as an heir, but doesn't mention stepchildren.  RCW 11.04.015: Descent and distribution of real and personal estate. (wa.gov)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.04.015>  However, it later says an "adopted child" is an heir.  RCW 11.04.085: Inheritance by adopted child. (wa.gov)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.04.085>  Finally, it says to avoid escheat, the issue of the other spouse (the adult stepchildren of his second wife in my case) DO inherit IF the decedent has no other heirs.  RCW 11.04.095: Inheritance from stepparent avoids escheat. (wa.gov)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.04.095>

In my case, the decedent has heirs, his surviving children.  Am I correct that although he has stepchildren, because they are nonadopted, adults at the time of his second marriage, they are NOT stepchildren for purposes of a wrongful death claim?

I don't want to deprive anyone of a claim, and in fact some of the stepchildren were quite close to him and feel the loss, but I also don't want to assert a claim that doesn't exist.

Thanks for your help!

Jeff


Jeff B. Crollard
Crollard Law Office, PLLC
4616 25th Ave NE, #743
Seattle, WA 98105-4183
Phone:  206-468-2192
Fax:  206-260-7357
jbc at crollardlaw.com<mailto:jbc at crollardlaw.com>

PLEASE NOTE NEW ADDRESS, PHONE AND FAX

This email is confidential and may contain information that is protected by attorney-client, work product or other privileges.  If you are not the intended recipient, any dissemination, use or reliance upon its contents is prohibited.  If you received this email in error, please notify me and then delete the email.

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