[WSBAPT] "Child" of decedent not mentioned in his Will

Tue Jan 11 14:13:14 PST 2022

With some additional research, I concur with Jennifer’s interpretation of the change in the statute. We will file the probate and if the “child” wants to hire an attorney to pursue this, they can file the TEDRA action.
Thanks all,
Jane.

Jane G. Bitz
Of Counsel | Wolff, Hislop & Crockett, PLLC
Helping Good People do Great Things!
12209 E. Mission Ave., Suite 5
Spokane Valley, WA 99206
(509) 927-9700 (Phone)
(509) 777-1800 (Fax)
jbitz at whc-attorneys.com<mailto:jbitz at whc-attorneys.com> [Email]
www.whc-attorneys.com<http://www.wolffandhislop.com/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jennifer L White
Sent: Tuesday, January 11, 2022 1:19 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] "Child" of decedent not mentioned in his Will

The key word in the newer 1994 statute is “after” the will’s execution. In Jane’s fact pattern, this person was clearly born BEFORE the will was executed, so my reading is that she wouldn’t be considered an omitted child. If it was a case of intestacy, then different answer, obviously with the issues of sufficient proof.

RCW 11.12.091<https://urldefense.proofpoint.com/v2/url?u=http-3A__app.leg.wa.gov_RCW_default.aspx-3Fcite-3D11.12.091&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=QdyRUSI4IjN8jHONJV63CB7QV6AxGix1TpuYc8c6Rww&m=B4Z0oUtBQ7bJf4ydk3KDID91r14I0leY5hmwvcivBfU&s=GmsCA0dmG0Wz_9hqSn7tNcsERK1rnNgY5sUM_oOFh78&e=>
Omitted child.
(1) If a will fails to name or provide for a child of the decedent who is born or adopted by the decedent after the will's execution and who survives the decedent, referred to in this section as an "omitted child," the child must receive a portion of the decedent's estate as provided in subsection (3) of this section, unless it appears either from the will or from other clear and convincing evidence that the failure was intentional.
(2) In determining whether an omitted child has been named or provided for, the following rules apply:
(a) A child identified in a will by name is considered named whether identified as a child or in any other manner.
(b) A reference in a will to a class described as the children, descendants, or issue of the decedent who are born after the execution of the will, or words of similar import, constitutes a naming of a person who falls within the class. A reference to another class, such as a decedent's heirs or family, does not constitute such a naming.
(c) A nominal interest in an estate does not constitute a provision for a child receiving the interest.
(3) The omitted child must receive an amount equal in value to that which the child would have received under RCW 11.04.015<https://urldefense.proofpoint.com/v2/url?u=http-3A__app.leg.wa.gov_RCW_default.aspx-3Fcite-3D11.04.015&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=QdyRUSI4IjN8jHONJV63CB7QV6AxGix1TpuYc8c6Rww&m=B4Z0oUtBQ7bJf4ydk3KDID91r14I0leY5hmwvcivBfU&s=KTGfsTGFP28gKCNcZ8HfQmjBwxleLVmbB5yPsZNNCzM&e=> if the decedent had died intestate, unless the court determines on the basis of clear and convincing evidence that a smaller share, including no share at all, is more in keeping with the decedent's intent. In making the determination, the court may consider, among other things, the various elements of the decedent's dispositive scheme, provisions for the omitted child outside the decedent's will, provisions for the decedent's other children under the will and otherwise, and provisions for the omitted child's other parent under the will and otherwise.
(4) In satisfying a share provided by this section, the bequests made by the will abate as provided in chapter 11.10<https://urldefense.proofpoint.com/v2/url?u=http-3A__app.leg.wa.gov_RCW_default.aspx-3Fcite-3D11.10&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=QdyRUSI4IjN8jHONJV63CB7QV6AxGix1TpuYc8c6Rww&m=B4Z0oUtBQ7bJf4ydk3KDID91r14I0leY5hmwvcivBfU&s=0J0MfbTecUpFXugrF5N3GuAt9o9ijLOxn-1mCfCcRcc&e=> RCW.
[ 1994 c 221 § 9<https://urldefense.proofpoint.com/v2/url?u=http-3A__lawfilesext.leg.wa.gov_biennium_1993-2D94_Pdf_Bills_Session-2520Laws_House_2270-2DS.SL.pdf-3Fcite-3D1994-2520c-2520221-2520-25C2-25A7-25209&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=QdyRUSI4IjN8jHONJV63CB7QV6AxGix1TpuYc8c6Rww&m=B4Z0oUtBQ7bJf4ydk3KDID91r14I0leY5hmwvcivBfU&s=5BLL7LpQWpRzHYe98Yif9GY6OAIVT1w6qV8NOknzCck&e=>.]

Jennifer L. White, Esq.
[cid:image001.jpg at 01D806F5.5CECB300]

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Tom Westbrook
Sent: Tuesday, January 11, 2022 12:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] "Child" of decedent not mentioned in his Will

I dealt with this 20 years ago, but the claimant was not a DNA match upon blood test. I wouldn’t take Ancestry or 23 & Me as being the expert on parentage. I would get a court order requiring the claimant to get a blood test and go from there. If claimant is a biological child, then sadly, it is my understanding from 20 years ago research that claimant shares in the estate.

Sincerely,

Tom

Thomas J. Westbrook
Attorney at Law

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324 West Bay Drive NW, Suite 201
Olympia, WA 98502
(360) 866-4000 phone
(360) 866--3832 fax
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jane Bitz
Sent: Tuesday, January 11, 2022 11:25 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] "Child" of decedent not mentioned in his Will

Listmates:

I have a new case where the decedent signed a Will that says he has no children. Since his death, his nephew who is named as PR has been contacted by a woman claiming to be his daughter who contacted him prior to his death and prior to his Will’s execution date through Ancestry.com. She says that she is represented by an attorney.

I know that 11.12.091 repealed the previous “pretermitted child” statute in 1994. Is she still entitled to an intestate share if she can prove parentage?

Thanks.
Jane.

Jane G. Bitz
Of Counsel | Wolff, Hislop & Crockett, PLLC
Helping Good People do Great Things!
12209 E. Mission Ave., Suite 5
Spokane Valley, WA 99206
(509) 927-9700 (Phone)
(509) 777-1800 (Fax)
jbitz at whc-attorneys.com<mailto:jbitz at whc-attorneys.com> [Email]
www.whc-attorneys.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.wolffandhislop.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=kDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho&m=3pfvXao1xmZdYZ1Cl8Fh-UQfU6-zRWig4hL_lV-kZEc&s=SKoyTrq8S0Iu8xvftAUAJPqZYeiBrKct6qkJC-3wFoU&e=>

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THE CONTENTS OF THIS ELECTRONIC MAIL ARE CONFIDENTIAL AND PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR OTHER APPLICABLE PROTECTION.  Any review, use, distribution or disclosure by others is strictly prohibited.  If you have received this electronic mail in error, PLEASE NOTIFY ME BY E-MAIL, FAX OR TELEPHONE and PROMPTLY DELETE this electronic mail.  This mail cannot be modified without the express written consent of Wolff, Hislop, & Crockett, PLLC.  Thank You.

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