[WSBAPT] Intestate Inheritance - Surviving Grandchildren

[Inge Fordham]

I agree (unless the brother has some compelling reason for why he should receive a portion of the estate – e.g., he invested in the decedent’s property and some sort of equitable ownership argument – but even then, that issue would probably be better addressed as a claim against the estate).  This is just one more example of why it’s important to have a will if you want to direct to whom your estate passes.

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Inge A. Fordham | Attorney
Fordham Law, PLLC
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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of "Jeff at bellanddavispllc.com" <Jeff at bellanddavispllc.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Tuesday, January 24, 2023 at 12:03 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Intestate Inheritance - Surviving Grandchildren

Listmates:

I think grandchildren take under RCW 11.04.015, but here are the facts.  X dies.  No Will.  His only child predeceased him but had two children who are still living (had not seen or contacted their grandfather in 25 years).  X’s brother thinks he should get everything; I think the grandchildren are issue of the intestate under 015(2)(a) as some “degree of kinship” of the intestate.

Your thoughts.

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
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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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