[WSBAPT] Intestate succession or escheat?

[Jayne Gilbert]

Eric spot on as usual!

I too never knew this statute existed.

Thanks!

On Wed, Jul 14, 2021 at 4:10 PM Josh Grant <jgrant at accima.com> wrote:

> 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*
> [image: advocates]
> 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
> <https://app.leg.wa.gov/RCW/default.aspx?cite=11.04.095>, that covers if
> stepmom died without any heirs:
>
>
> RCW 11.04.095 <http://app.leg.wa.gov/RCW/default.aspx?cite=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)
> <https://app.leg.wa.gov/RCW/default.aspx?cite=11.04.015>.
>
>
>
>
>
> 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
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>
>
>
> *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*
> [image: advocates]
> P. O. Box 619
> Wilbur, WA 99185
> 509 647 5578
>
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-- 
*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
*************************************************
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