[WSBAPT] intestate succession where surviving spouse dies and only heir disclaims

[Heather de Vrieze]

A careful reading of 11.04.015 and 11.04.095 would seem to be in order. I think much depends on what other heirs (besides disclaiming child) are out there. Also 11.04.095 describes a scenario where the first deceased spouse left a Will, which doesn't sound like your situation, but it is a good start to analyze the issues.

Heather

Heather S. de Vrieze
Attorney-at-Law
de Vrieze | Carney PLLC
3909 California Avenue SW
Seattle, WA 98116-3705                          
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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Douglas Owens
Sent: Wednesday, July 7, 2021 6:58 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] intestate succession where surviving spouse dies and only heir disclaims

Dear list mates, does anyone have an idea how the intestate succession works in this scenario: wife dies intestate, survived by her children, and her husband, stepfather of the children. The estate is all separate property of the wife.  The surviving spouse has his own child, during administration of the estate the surviving spouse also dies and his child disclaims the inheritance from his father.  If there are no other heirs of the husband, does the husband’s one half share revert to the children of the deceased wife?  Or does it escheat?  Thanks for your thoughts.  Yours truly, Doug Owens

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