[WSBAPT] Intestate succession or escheat?

Mon Jul 19 21:53:07 PDT 2021

I have researched/read this Statute, but have not considered it's
application to a fact pattern like the one posed in the question

Most Interesting!

On Mon, Jul 19, 2021 at 9:49 PM Jayne Gilbert <jgilbertatty at gmail.com>
wrote:

> 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
>> business hours and are available via email and by phone. Videoconferencing
>> also is available. Signing of estate planning documents can be completed
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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
> *************************************************
>

-- 
*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
*************************************************
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