[WSBAPT] predeceased heir

Thu Feb 24 12:54:48 PST 2022

Shannon,

I would turn to the The anti-lapse statute - RCW 11.12.120, especially subsection (2), which indicates that: "(2) If the will gives the residue to two or more persons, the share of a person who does not survive the testator passes, unless otherwise provided, and subject to RCW 11.12.110<http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.110>, to the other person or persons receiving the residue, in proportion to the interest of each in the remaining part of the residue."  Subsection (3) provides that the court may be petitioned for a determination, which would be the safest option.

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From: wsbapt-bounces at lists.wsbarppt.com [mailto: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>
campbellbarnettlaw.com<https://campbellbarnettlaw.com/>

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