[WSBAPT] Intestate to first cousins

Tue Nov 16 18:33:58 PST 2021

Yes, that is correct. I just counseled such a client (with a not insignificant $2 million+ estate) that a simple trust disinheriting his unknown cousins and naming his preferred beneficiaries would save a lot of trouble later on when notice of probate of his will is required to be served on these disinherited cousins. He is apparently confident in his own analysis that since he hasn’t known them forever, they have no business in his estate, ergo it will all magically work out. But he would like a professional to agree to serve as PR (vs trustee).

I’m hoping some pixie dust drops from heaven when his PR and the PR’s attorney (not me) are tasked with that unwelcome duty.

Good luck!

Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com
www.mckarcherlaw.com<http://www.mckarcherlaw.com>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Dalynne Singleton <dalynne at glgmail.com>
Sent: Tuesday, November 16, 2021 5:34:11 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>

Website:  www.glglawgroup.com<http://www.glglawgroup.com/>

As we face the challenges presented by COVID-19, we have limited staffing in the office to maintain critical functions. Attorney/client meetings will be handled by teleconference or virtually whenever possible.  Be assured that we will continue to advise & support our clients throughout this health emergency.  If you would like to set a telephone conference, please call or email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com> or dara at glgmail.com<mailto:dara at glgmail.com>.

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