[WSBAPT] Intestate succession or escheat?

[Josh Grant]

Thanks Eric,
I have never seen this statute.
I wonder in my case where there are no wills, whether or not that would preclude our use of this statute.   “.....leaving a will whereby all or substantially all of the deceased's property passes to the surviving spouse ...”
Josh

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Eric Nelsen 
Sent: Wednesday, July 14, 2021 3:59 PM
To: WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] Intestate succession or escheat?

It’s hard to believe, but there’s a statute for that, RCW 11.04.095, that covers if stepmom died without any heirs:

 

RCW 11.04.095
Inheritance from stepparent avoids escheat.
If a person dies leaving a surviving spouse or surviving domestic partner and issue by a former spouse or former domestic partner and leaving a will whereby all or substantially all of the deceased's property passes to the surviving spouse or surviving domestic partner or having before death conveyed all or substantially all his or her property to the surviving spouse or surviving domestic partner, and afterwards the latter dies without heirs and without disposing of his or her property by will so that except for this section the same would all escheat, the issue of the spouse or domestic partner first deceased who survive the spouse or domestic partner last deceased shall take and inherit from the spouse or domestic partner last deceased the property so acquired by will or conveyance or the equivalent thereof in money or other property; if such issue are all in the same degree of kinship to the spouse or domestic partner first deceased they shall take equally, or, if of unequal degree, then those of more remote degree shall take by representation with respect to such spouse or such domestic partner first deceased.

 

The problem is that the wife almost certainly has collateral heirs, even if she had no siblings. If her parents had siblings, it’s virtually certain there’s an odd cousin or twelve who are entitled to the estate, as issue of the decedent’s grandparents. RCW 11.04.015(2)(e).

 

 

Sincerely,

 

Eric

 

Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

206-625-0092

eric at sayrelawoffices.com

 

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Wednesday, July 14, 2021 3:16 PM
To: wsbar trust <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Intestate succession or escheat?

 

I have a PC whose Dad died in 2011 and then his Dad’s wife died in 2012 leaving no children.  Neither H or W had a will.  There is/was a CP house.  PC wants to inherit the house.

I don’t think there are any heirs of the wife, like parents, siblings or nephews or nieces, & she never had children; but that would take an investigator to figure out.

But does it matter to PC?  Because his dad’s wife inherited  100% of the house by intestate succession instantly, if there are no heirs located or known, wouldn’t this escheat to the state?

This is not a valuable house and there are no funds to hire an investigator.

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578



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