[WSBAPT] Intestate succession or escheat?

Tue Jul 20 23:23:57 PDT 2021

I don't remember the fact pattern, but if you're
talking about stepchildren and the Intestacy Statute
the stepchild will inherit only if it's to avoid Escheat.
Statute:
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.

See also *In re Smith's Estate*, 49 Wn. 229, 299 P.2d 550, (1956) where the
ct
the previous Escheat Statute. The decision itself has a lot of discussion re
why the stepchild can't inherit. Maybe Smith's progeny will lead you where
you want to go.

Hope this helps
Jayne

On Tue, Jul 20, 2021 at 12:29 PM Josh Grant <jgrant at accima.com> wrote:

> Jayne, or Eric?  Do you agree that if there is no will that it doesn’t
> apply?
> Josh
> *Joshua F. Grant*
> [image: advocates]
> P. O. Box 619
> Wilbur, WA 99185
> 509 647 5578
>
> *From:* Jayne Gilbert
> *Sent:* Monday, July 19, 2021 9:53 PM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] Intestate succession or escheat?
>
> 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
>>> 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*
>>> [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
> *************************************************
>
> ------------------------------
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
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>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
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-- 
*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
*************************************************
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