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

[Eric Nelsen]

Agree it's the latter. I believe that right of representation always starts by equal division at the closest generation with any living members. In your case, therefore, the initial equal division is among decedent's children. If all decedent's children were deceased, then there would be equal division among grandchildren and right of rep below that.

So, 9 kids, but one died without issue so 8 initial equal shares. Then right of rep goes from there:
living children 1-5: one share each
2 deceased children with living children of their own: one share to each deceased child, divided among that deceased child's living children
1 deceased child who in turn has 1 living child and 1 deceased child who has 2 living children: one share, divided 50% to the living grandchild, and 50% divided equally between two living great-grandchildren.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.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: Wednesday, June 8, 2022 11:48 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Intestacy - How Far Down the Food Chain?

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 01D87B31.D22C1D30]

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

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