[WSBAPT] Intestacy - How Far Down the Food Chain?

[Jennifer L White]

Hello Listmates:
I am questioning my logic this morning and trying to wrap my head around this brain teaser of who takes under the following scenario:
96 year old dies intestate (she was previously widowed), and had 9 kids born to her over her lifetime. 5 are alive, so those 5 get 1 share each. 1 predeceased leaving no surviving issue, so that finger of the tree is out. 2 died with kids who are all alive, so those 2 shares are divided evenly between the kids of their respective deceased parent. Then there is this last 1 that I question - at the time of the 96 year old's death, that one deceased child had the situation of one child living (grandchild of the 96 year old), and one child deceased leaving two children (great grandchildren of the 96 year old). Does that share stop at the one surviving grandchild getting 100%? OR does it get split 50% grandchild and 50% split between the two great grandchildren? I think it's the latter, but welcome your input.
Here is 11.04.015(2)(a)

  1.  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.




Thanks in advance,

Jennifer L. White, Esq.
[cid:image001.jpg at 01D87B2D.8B457780]

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

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