[WSBAPT] Intestate to first cousins

Tue Nov 16 17:01:36 PST 2021

You didn't mention aunts and uncles. If there are aunts and uncles they take before their children. But also be sure to note the maternal/paternal split (language which I'd think is due for updating) and also the tricky part about equal if in the same degree of kinship. I almost missed that recently-in a case where that result was different than what it would have been if it had been right of representation.

Best,

Jacob

Jacob H. Menashe
Hickman Menashe, PS
4211 Alderwood Mall Blvd., Suite 204
Lynnwood, WA 98036
(425) 744-5658 phone
(425) 744-6078 fax
Satellite Office in Bellevue
www.hickmanmenashe.com

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Tuesday, November 16, 2021 4:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Intestate to first cousins

I have my first intestate estate where it appears the estate goes to first cousins.  Then, if any of those first cousins do not survive, to their descendants.
Not married, no children, no parents, no grandparents or siblings living.  Is that the interpretation of others?  I am having a really difficult time finding these children of first cousins.

RCW 11.04.015<http://app.leg.wa.gov/RCW/default.aspx?cite=11.04.015>
Descent and distribution of real and personal estate.
The net estate of a person dying intestate, or that portion thereof with respect to which the person shall have died intestate, shall descend subject to the provisions of RCW 11.04.250<http://app.leg.wa.gov/RCW/default.aspx?cite=11.04.250> and 11.02.070<http://app.leg.wa.gov/RCW/default.aspx?cite=11.02.070>, and shall be distributed as follows:

(2) Shares of others than surviving spouse or state registered domestic partner. The share of the net estate not distributable to the surviving spouse or state registered domestic partner, or the entire net estate if there is no surviving spouse or state registered domestic partner, shall descend and be distributed as follows:
(a) To the issue of the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or if of unequal degree, then those of more remote degree shall take by representation.
(b) If the intestate not be survived by issue, then to the parent or parents who survive the intestate.
(c) If the intestate not be survived by issue or by either parent, then to those issue of the parent or parents who survive the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or, if of unequal degree, then those of more remote degree shall take by representation.
(d) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents who survive the intestate, then to the grandparent or grandparents who survive the intestate; if both maternal and paternal grandparents survive the intestate, the maternal grandparent or grandparents shall take one-half and the paternal grandparent or grandparents shall take one-half.
(e) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents or by any grandparent or grandparents, then to those issue of any grandparent or grandparents who survive the intestate; taken as a group, the issue of the maternal grandparent or grandparents shall share equally with the issue of the paternal grandparent or grandparents, also taken as a group; within each such group, all members share equally if they are all in the same degree of kinship to the intestate, or, if some be of unequal degree, then those of more remote degree shall take by representation.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
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