[WSBAPT] Intestate probate - long lost dad

Timothy Lehr timothy at stileslaw.com
Wed Jan 6 15:31:03 PST 2021


Colleagues,

Young man passed away tragically without a Will, 21-years old. He didn't have significant assets, but assets nonetheless. No spouse or kids. He was raised by his mother and grandmother. His biological father and his mother were never married. Biological father has only met the decedent once and has never attempted to be in their lives - he actually owes mom about $60k worth of back child support. Mom hasn't pursued that as she just wants nothing to do with him.

However, he is the biological father of the decedent.. RCW 11.04.015 seems clear that "parents" take in the scenario. However, does Mom have any avenue to challenge the biological father as an heir to decedent's estate based on the above? My first thought was...if he would take, mom might have a potential creditor's claim for back child support? I was hoping to get any potential advice or avenues before discussing with Mom.

Thanks!

Timothy C. Lehr
Attorney at Law
Stiles Law Inc., P.S.

p:   360.855.0131
e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w:  www.stileslaw.com<http://www.stileslaw.com>

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