[WSBAPT] Intestate Inheritance

Tue May 31 11:06:29 PDT 2022

Jeff,

The share to PC would depend on the characterization of the property. 

Under RCW 11.04.015, the stepmom as surviving spouse would receive all of the community property and one-half of the separate property at the death of Dad.

The other one-half of the separate property would go to PC.

Amy

RCW 11.04.015 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.04.015>
Descent and distribution of real and personal estate.

The net estate of a person dying intestate, or that portion thereof with respect to which the person shall have died intestate, shall descend subject to the provisions of RCW 11.04.250 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.04.250> and 11.02.070 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.02.070>, and shall be distributed as follows:
(1) Share of surviving spouse or state registered domestic partner. The surviving spouse or state registered domestic partner shall receive the following share:
(a) All of the decedent's share of the net community estate; and
(b) One-half of the net separate estate if the intestate is survived by issue; or
(c) Three-quarters of the net separate estate if there is no surviving issue, but the intestate is survived by one or more of his or her parents, or by one or more of the issue of one or more of his or her parents; or
(d) All of the net separate estate, if there is no surviving issue nor parent nor issue of parent.
(2) Shares of others than surviving spouse or state registered domestic partner. The share of the net estate not distributable to the surviving spouse or state registered domestic partner, or the entire net estate if there is no surviving spouse or state registered domestic partner, shall descend and be distributed as follows:
(a) 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.
(b) If the intestate not be survived by issue, then to the parent or parents who survive the intestate.
(c) If the intestate not be survived by issue or by either parent, then to those issue of the parent or parents who survive 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.
(d) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents who survive the intestate, then to the grandparent or grandparents who survive the intestate; if both maternal and paternal grandparents survive the intestate, the maternal grandparent or grandparents shall take one-half and the paternal grandparent or grandparents shall take one-half.
(e) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents or by any grandparent or grandparents, then to those issue of any grandparent or grandparents who survive the intestate; taken as a group, the issue of the maternal grandparent or grandparents shall share equally with the issue of the paternal grandparent or grandparents, also taken as a group; within each such group, all members share equally if they are all in the same degree of kinship to the intestate, or, if some be of unequal degree, then those of more remote degree shall take by representation.

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>

> On May 31, 2022, at 10:51 AM, <Jeff at bellanddavispllc.com> <Jeff at bellanddavispllc.com> wrote:
> 
> Listmates:
>  
> I think the PC takes nothing under RCW 11.04.015.
>  
> Dad (PC’s father) dies in  2014.  Mom (PC’s step mom) just died leaving a son (PC’s step-brother).  Neither had wills.  Only real asset is a home held has H & W.  I believe at Dad’s death the home goes to mom.  At mom’s death all goes to her son.  I do not see PC being entitled to anything under the intestate statute.  Am I wrong?
>  
> Jeff Davis
>  
> W. Jeff Davis
> BELL & DAVIS PLLC
> P.O. Box 510
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129 
> Fax: (360) 683.1258 
> email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com>
> www.bellanddavispllc.com <http://www.bellanddavispllc.com/>
>  
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