[WSBAPT] Intestate Succession

[Joshua McKarcher]

I promise it can work, though. My PI in Oregon found a man's children with nothing more than his name and something like "Well he died a resident of Lewiston, Idaho" and maybe "He allegedly ate Fruit Loops" or something. It was INSANE. My team were all dumbfounded.

You will find this surviving niece or nephew if they exist.

If you have just one aunt/uncle it will not be that hard to determine their siblings, etc. - don't ask me WHY, but I'm telling you, these people have dark powers I do not wish to know about!

But, yes, don't be the 40-year practitioner I alluded to the other day who disinherited a great-grandchild. If you cannot find anyone after a reasonable search, "No problem. Done!" But I've never reached a dead end yet and "should have."

Best, Josh

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Friday, September 19, 2025 9:54 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Intestate Succession

And so, once we have found aunts or uncles, we have to figure out if they are alive and, if not, if they have living children.  I can see this becoming a rabbit hole of indeterminate dimensions.
As we have seen numerous times in the past, Eric and Joshua are terrific resources on this Listserv.  My sincere thanks go to them.
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 Eric Nelsen
Sent: Thursday, September 18, 2025 9:00 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Intestate Succession

Yes, I agree-but I would amend that to say aunts and uncles, and the descendants of deceased aunts and uncles, by right of representation.
And the other factor at that level of inheritance (inheritance to issue of grandparents of decedent) is, the estate gets divided in half first, and then half goes to the decedent's father's side, and the other half goes to the decedent's mother's side. I had a probate a few years back where 50% when to 7 cousins on the father's side, and 50% went to 17 cousins on the mother's side, and the right of representation got pretty tricky to figure out. (And only about half the heirs had ever even met the decedent during his life.)
Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.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 Mark Anderson
Sent: Wednesday, September 17, 2025 5:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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/>
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.

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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