[WSBAPT] Can Quasi-Child (Non-Biological) be Heir under Intestacy Law?

[Diane J. Kiepe]

Wow – thanks Jennifer, I have never seen a non-biological child establish intestacy rights and have always maintained “no-blood”, “no-intestacy” except of course CIR which we all have been having a lively conversation about lately 😉

Have a great day – always appreciate your insights.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jennifer L White
Sent: Thursday, August 12, 2021 1:43 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Can Quasi-Child (Non-Biological) be Heir under Intestacy Law?

Natalie,
More facts are needed to try and sort this out. Paternity can be very tricky, and in some circumstances, the actions or inactions of the parties impact whether they are viewed under the law as a legal parent. There is case law that establishes you can be tagged as a parent under certain legal presumptions and if you do not petition to disestablish paternity within certain time parameters, you are considered the legal parent even when the biology doesn’t pan out.

I suggest that you start by finding out exactly what these two people filed acknowledging paternity in the first place, what they did after the DNA test revealed the truth, and what if any court proceedings they participated in while he was alive regarding parentage. In the meantime, go take a look at WA’s Parentage statutes RCW 26.26 A & B.

Never a dull moment in law land!

Jennifer L. White, Esq.
[cid:image001.jpg at 01D78F81.256247B0]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

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 Diane J. Kiepe
Sent: Thursday, August 12, 2021 1:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Can Quasi-Child (Non-Biological) be Heir under Intestacy Law?

Absent a legal adoption no child status can exist no matter how close a non-biological parent is to the child.  I have seen this play out in favorable ways and in very unfortunate ways.  In one case I also have the family, by TEDRA, agree to treat the non-biological grandchild as a grandchild for purposes of specific bequest to “grandchildren”.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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 Natalie Kuehler
Sent: Thursday, August 12, 2021 1:10 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Can Quasi-Child (Non-Biological) be Heir under Intestacy Law?

Hello all,

Since I got such great advise from this listserve on my last question (thank you all!), here is another one:

D is in a relationship with M, who gets pregnant. M gives birth, and D is listed as the father on the child’s birth certificate. D and M break up, but D maintains a relationship with the child. Later, a paternity test done by D and M reveals that D is not the child’s father after all. D nonetheless continues, every now and then, to provide financial support to the child and also generally stays involved in the child’s life. D has a new relationship, with resulting biological children. Then D dies intestate.

Is the non-biological child an heir under Washington’s intestacy laws?

Thank you!
Natalie

Natalie N. Kuehler
KUEHLER & GRIM PLLC
PO Box 3059 – 1112 State Route 20
Winthrop, WA 98862
o: (509) 996-2832 x1 – c (509) 557-5769
www.kuehlergrim.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.kuehlergrim.com&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=kDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho&m=7iuN8s-G0-37t2nGc3D9FAsxPbSWJvkWnANVFbquSzk&s=9xsggei-kLwVq_lrf5llYvTxXlrpO8LS5Bi8b62nrm0&e=>

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