[WSBAPT] Intestate Succession

[Joshua McKarcher]

Great, all seems well. When I had a probate practitioner of 40 years a few years ago ask me if I "really thought" the surviving great-grandchild of a decedent was an heir-at-law when the decedent had one surviving adult child, I was struck dumb. The entire case had been noticed up and was proceeding right along, and a minor child was plainly at risk of being disinherited as to a 50% share. Since then, I take nothing for granted. (And, as a partner I once worked for would have said, "If that lawyer truly did not understand representation after 40 years of doing probates, well, then the only thing we know for sure is that that person and even probably well-meaning lawyers have probably unwittingly disinherited heirs-at-law they indeed knew about but did not realize were heirs-at-law." Wild.
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Wednesday, September 17, 2025 5:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Intestate Succession

I understand your point.  But in the context of this case, here is how I read RCW 11.04.015:
(1)(a) Decedent was not married.
(2)(a) Decedent had no children.
(2)(b) Decedent's parents are dead.
(2)(c) Decedent's only sibling, his brother, is dead.  Brother had no children.
(2)(d) Decedent's grandparents are dead.
(2)(e) Decedent was not survived by a child, parent, sibling, or grandparent.  But now we must look for any surviving "issue of any grandparent or grandparents," i.e., aunts or uncles.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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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 Joshua McKarcher
Sent: Wednesday, September 17, 2025 4:56 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Intestate Succession

Mark, if decedent was survived by even one niece or nephew (even 1 descendant of even 1 parent) that is the heir at law. It does not go from siblings to aunts/uncles. It is descendants of parents and then, if none, descendants of grandparents. 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 Mark Anderson
Sent: Wednesday, September 17, 2025 11:19 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Intestate Succession

Dear All:
Intestate Decedent was not survived by a spouse, children, parents, or siblings.  I understand that, under RCW 11.04, the next heirs in line are the Decedent's aunt(s) and uncle(s).
Prior to his death, Decedent resided with and was closely involved with a woman to whom he was not married.  I am uncertain whether the woman was registered as the Decedent's domestic partner.
If the woman was not registered as the Decedent's domestic partner, does the woman have any rights with respect to the Decedent's Estate?
Thanks in advance for your input here.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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