[WSBAPT] The chart

[Lewis, Amy C.]

But 11.04.015 only applies in intestacy (unless a Will or Trust references Washington's intestacy statute), while 11.02.005 applies to Wills and Trusts as well as intestacy.


Amy Lewis, Attorney
Pronouns she/her/hers
[cid:Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png]

909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Joshua McKarcher
Sent: Friday, September 1, 2023 2:59 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] The chart

The attached 2013 case from Nebraska (as of early 2015) did a nice job of addressing these issues.

These terms really are not as straightforward as they seem, especially in the niece/nephew category.

A quick note, however, that there are TWO key statutes to read, in this exact order to avoid "more confusion than one will already feel":

First, in RCW 11.04.015<https://app.leg.wa.gov/RCW/default.aspx?cite=11.04.015>, to see if it address sharing equally or taking by representation if not in the same degree of kinship (do NOT skip this step and go straight to step two), e.g., sub (2)(c), for example "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";

...and then, second, from RCW 11.02.005<https://app.leg.wa.gov/RCW/default.aspx?cite=11.02.005>(3) and (17), note the degree of kinship definition and "add" the definition of "representation" to the applicable phrase from .015 above in place of "representation."

I know this sounds convoluted, but in the right circumstances, you can think you're mean to be or not to be calculating something at some certain degree of kinship and you're not in the correct degree and can get it all wrong. (Sorry.)

Best, Josh

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Lewis, Amy C.
Sent: Friday, September 1, 2023 2:28 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] The chart

Susan,

              My understanding of "by right of representation" under Washington law is what you are showing for per stirpes, not what you are showing for "by representation."  Under Washington law, you divide at the first generation where there is a surviving member.

              I believe if you had a case where all of the children are deceased and you are dealing with grandchildren and greatgrandchildren then there can be a difference between per stirpes and by right of representation because the generation used for creating the shares would be different.  Of course much depends on state law and how different states define these terms.



Amy Lewis, Attorney
Pronouns she/her/hers
[cid:image001.png at 01D9DCE7.8FD1AEA0]
909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Susan Donahue
Sent: Friday, September 1, 2023 1:48 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] The chart


[cid:image002.jpg at 01D9DCE7.8FD1AEA0]


Susan Donahue
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