[WSBAPT] Do Grandchildren take from Intestate Grandmother's estate

[Eric Nelsen]

Everything to the grandkids in equal shares. "Issue" means descendants, whether children, grandchildren, great-grandchildren, etc. "Degree" and "remote" refer to the generational links between the decedent and an heir: all the kids are one "degree" from the decedent; grandkids are two degrees, etc. Parents are one degree in the other direction, grandparents are two degrees.

So in your case, all children (only child) pre-deceased, so only grandkids are living. Therefore, all grandkids take in equal shares since they are all of the same degree. The decedent's siblings do not receive anything because the decedent left "issue" and siblings only receive if there are no surviving issue or surviving parents, under 2(c).

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 Jeff at bellanddavispllc.com
Sent: Wednesday, December 8, 2021 10:41 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Do Grandchildren take from Intestate Grandmother's estate

Listmates:

Mother dies intestate.  Her only child predeceased her leaving two issue.  Under RCW 11.04.015(2)(a), do these two grandchildren take the Grandmother's estate?  This provision talks in terms of issue, in the same degree, or they could be more remote.  What does that mean?  The mother's sisters are wondering if they share in the estate.

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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