[WSBAPT] Intestate estate question

[Lewis, Amy C.]

I think the “to those issue of any grandparent or grandparents who survive the intestate” language is the operative language, so that if any descendants of grandparents survive, they take the entire estate.  The rest of the provision only applies if there are surviving descendants on both sides.  Your situation is not addressed in Reutlinger & Oltman’s Washington Law of Wills and Intestate Succession, but they do indicate that it is Washington’s policy to avoid escheat if there are legal heirs.


Amy Lewis, Attorney
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mimi Wagner
Sent: Wednesday, September 25, 2024 1:17 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Intestate estate question

All,

I have an intestate estate question.  No spouse, children, siblings, parents, grandparents.  Under RCW 11.04.015(e), if the intestate are not survived by issue, either parent, issue of the parent, issue of parents, or grandparent,

“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.”

There appear to be NO ISSUE AT ALL from the paternal grandparent side.

There is living issue on the maternal grandparent side.

I am wondering if the paternal grandfather share (50%) ESCHEATS and the maternal grandmother share (50%) goes by intestacy.  I did a quick review of case law, escheat statutes, and practice guides, and don’t find a direct answer to this.  I fear that because the statute makes a distinction between maternal and paternal side, it would seem the paternal grandfather side would escheat, rather than maternal grandmother side taking 100%.    The intestacy statute doesn’t say otherwise.

However, the statute does say “grandparent or grandparents” which may be authority for the proposition that the maternal grandmother’s share take 100%.  But then the rest of the section talks about splitting the share, and them I am back to escheat for one-half.

Does anyone know of any relevant authority in this situation?

Thank you,

Mimi M. Wagner
Wagner Law Offices P.C.
385 Court Street, Suite 4
P.O. Box 3019
Friday Harbor, WA  98250
mimi at sanjuanlaw.com<mailto:mimi at sanjuanlaw.com>
Phone (360) 378-6234
Fax (360) 378-6244
www.sanjuanlaw.com<http://www.sanjuanlaw.com/>
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