[WSBAPT] Unadopted Stepchildren wrongful death claim?

[Jeff Crollard]

Greetings,

I have a nursing home death case and wanted to double check on who has a wrongful death claim.  The decedent has surviving children of his own  He also has surviving stepchildren, who were already adults when he married his second wife (and thus nonadopted).

The wrongful death statute lists "stepchildren" as beneficiaries, but doesn't define the term.  RCW 4.20.020: Wrongful death-Beneficiaries of action. (wa.gov)<https://app.leg.wa.gov/RCW/default.aspx?cite=4.20.020>

The intestacy law includes the decedent's "issue" as an heir, but doesn't mention stepchildren.  RCW 11.04.015: Descent and distribution of real and personal estate. (wa.gov)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.04.015>  However, it later says an "adopted child" is an heir.  RCW 11.04.085: Inheritance by adopted child. (wa.gov)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.04.085>  Finally, it says to avoid escheat, the issue of the other spouse (the adult stepchildren of his second wife in my case) DO inherit IF the decedent has no other heirs.  RCW 11.04.095: Inheritance from stepparent avoids escheat. (wa.gov)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.04.095>

In my case, the decedent has heirs, his surviving children.  Am I correct that although he has stepchildren, because they are nonadopted, adults at the time of his second marriage, they are NOT stepchildren for purposes of a wrongful death claim?

I don't want to deprive anyone of a claim, and in fact some of the stepchildren were quite close to him and feel the loss, but I also don't want to assert a claim that doesn't exist.

Thanks for your help!

Jeff


Jeff B. Crollard
Crollard Law Office, PLLC
4616 25th Ave NE, #743
Seattle, WA 98105-4183
Phone:  206-468-2192
Fax:  206-260-7357
jbc at crollardlaw.com<mailto:jbc at crollardlaw.com>

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