[WSBAPT] predeceased heir

[Jennifer L White]

Shannon,
You are correct - only the child of the pre-deceased donee receives the entire ½. Her own children would only take if SHE was deceased.

RCW 11.12.110<http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.110>
Death of grandparent's issue before grantor. (Effective January 1, 2022.)
Unless otherwise provided, when any property shall be given or any appointee appointed under a will, or under a trust of which the decedent is a grantor and which by its terms becomes irrevocable upon or before the grantor's death, to any issue of a grandparent of the decedent and that issue dies before the decedent, or dies before that issue's interest is no longer subject to a contingency, leaving descendants who survive the decedent, those descendants shall take that property or appointment as the predeceased issue would have done if the predeceased issue had survived the decedent. If those descendants are all in the same degree of kinship to the predeceased issue they shall take equally or, if of unequal degree, then those of more remote degree shall take by representation with respect to the predeceased issue.


Jennifer L. White, Esq.
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jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Shannon Jones
Sent: Thursday, February 24, 2022 12:01 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] predeceased heir

Listmates, A Will gives ½ of the residual estate to someone who does not survive the testator, but the Will does not condition the gift on survivorship. The deceased donee has no Will and her estate passed by intestacy to her only child, who is still living. I have identified that child to receive the ½ gift of residue. In response, that child's children are making a claim to part of the ½ residual gift as "issue" of the deceased done (ie. lineal descendants of their deceased grandparent). I am getting a little lost in the statutes. Is this a legitimate claim?  - Shannon

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Shannon R. Jones | Attorney
Campbell Barnett PLLC
P: 253.848.3513| F: 253.845.4941
317 South Meridian
Puyallup, WA 98371
shannonj at campbellbarnettlaw.com<mailto:shannonj at campbellbarnettlaw.com>
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