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

[Philip N. Jones]

I second that.  A friend of mine, in private practice, had a contract with the State of Oregon that made him an assistant attorney general with the assigned task of handling all of the potential escheat cases in the state.  He handled hundreds.  Very few ever escheated.  Sooner or later, some shirt-tail relative turned up, oftentimes as a result of the efforts of my friend.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 – office
(503) 853-1482 – cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Thursday, July 8, 2021 11:46 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] intestate succession where surviving spouse dies and only heir disclaims

Almost everyone has cousins, many of whom they have never met; escheat is very rare.

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 Douglas Owens
Sent: Thursday, July 8, 2021 8:50 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] intestate succession where surviving spouse dies and only heir disclaims

Dear Claudia, thank you for this question.  I think he did but you sparked my interest in RCW 11.04.095 which I think lends an argument that the stepchildren of the second parent to die inherit from him in order to avoid escheat.  The statute speaks of the first spouse to die having a will conveying all of the estate to the surviving spouse but it seems to me the principle is the same.  Yours truly, Doug Owens

On Jul 7, 2021, at 8:15 PM, Claudia A Gowan <claudia at cagowanlaw.com<mailto:claudia at cagowanlaw.com>> wrote:

Doug, just a question off the top of my head - did the husband meet the survivorship provision of Title 11? I'm sorry I can't remember the cite.

Best, Claudia


-------- Original message --------
From: Douglas Owens <dougowens at seattlerelawyer.com<mailto:dougowens at seattlerelawyer.com>>
Date: 7/7/21 6:59 PM (GMT-08:00)
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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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