[WSBAPT] Heirs of deceased Heir

[michael westseattleattorney.com]

Thanks Heather

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________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Heather de Vrieze <heatherd at westseattlelaw.com>
Sent: Thursday, January 5, 2023 9:12 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Heirs of deceased Heir


Mike,



64.80.100 is pretty clear that all transferees take equal and undivided shares, and that failure to survive results in lapse. I think in this case, that means that brother and brother’s wife, assuming her death was before the grantor, inherit nothing, nor do their heirs. The two friends should inherit this property equally, provided they both survived.



Heather S. de Vrieze
Attorney-at-Law

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3909 California Avenue SW

Seattle, WA 98116-3705

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heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael westseattleattorney.com
Sent: Thursday, January 5, 2023 8:22 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Heirs of deceased Heir



Decedent dies testate and is survived by sister who he disinherits. His brother died a couple years ago and left a son. Will specifically says deceased brother's share would lapse if he predeceased him. So that is simple; but Decedent had executed and recorded a Transfer on Death Deed giving his real estate as tenants in common, to his deceased brother, his deceased brother's wife, and two friends.  Would the heirs of the deceased brother take his share of the real property? If yes, since he had a Community Property Agreement with his wife who died a year after he died, would wife's heirs take instead or are they subject to the Wills lapse language?

Thanks

Mike



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