[WSBAPT] Wrongful Death Settlement Heir Distribution Split?

Wed Apr 1 16:59:43 PDT 2026

I haven’t seen case law, but I am pretty sure the answer is no. It’s a statutory right of action and it names specific beneficiaries, and grandchildren aren’t in the list.

If a child survives the decedent but that child dies later leaving children, I do think the deceased child’s estate could maintain their WD claim. So grandkids could indirectly inherit a portion of WD proceeds received by their parent’s estate.

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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Wednesday, April 1, 2026 4:45 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Wrongful Death Settlement Heir Distribution Split?

Do WD beneficiaries under RCW 4.20 ever include grandchildren? Of course grandchildren can be intestate heirs, but do not seem to be among the 4.20.020 Beneficiaries of action which only lists spouse, RDP, child or children and stepchildren.

Heather

Heather S. de Vrieze
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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 Dalynne Singleton
Sent: Wednesday, April 1, 2026 4:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Wrongful Death Settlement Heir Distribution Split?

I agree with Eric except when I have the PR/Administrator of the Estate as my client and then that same PR is also a beneficiary of the WD monies, I recommend 1 of 2 things happen:

  1.  The PR hires independent counsel (not me) to represent her/him in the petition for allocation of WD monies.  This does not need to be a TEDRA case and can be filed in the probate or the WD matter.
  2.  I write a letter to all of the beneficiaries named in the statute RCW 4.20 and provide WD statute information and then a proposed allocation to open negotiations or agreement on % of the WD net proceeds based on relationships.  This usually results in agreement but not always.  IF NOT, then the PR goes to #1, gets their own counsel and that atty presents to the Judge/Commissioner the recommended allocations of the PR and why.  That way, the other beneficiaries can hire their own counsel or show up and make their own arguments at the hearing why they get more or less than the PR is recommending.  As we all know, as attorneys, one person’s version of relationships and what would be just is only one side of a story.  Sometimes, the response is another version or interpretation of the story and a compromise is reached without hearing.  I always prepare a TEDRA agreement to file and have all beneficiaries sign off or get a court order.

Finally, the Estate may receive monies from the WD/MM settlement if it was for repayment of medical expenses which the Estate or the decedent/widow paid and that may be taxable.
Very rare for that to happen, but it does.  Checking with a CPA and not relying on the attorney is the client’s best bet.
The disclaimer of inheritance DOES NOT disclaim the WD/MM monies since not estate assets, so be careful.

Dalynne Singleton
Dalynne Singleton
Gourley Law Group
Snohomish Escrow/The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
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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: Wednesday, April 1, 2026 4:20 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Wrongful Death Settlement Heir Distribution Split?

This is a confusing area of law because the case law has to be pieced together along with the statutes. Wrongful death proceeds are not estate assets; they belong directly to the beneficiaries. But the beneficiaries can’t be plaintiffs themselves; it’s the PR’s job to handle the WD lawsuit and collect funds on their behalf. If the PR settles for a lump sum, then the lump sum has to be allocated among the WD beneficiaries, spouse and children in your case.

The allocation among the statutory beneficiaries can be whatever those beneficiaries can agree is fair. In the absence of agreement, there needs to be a TEDRA action to allocate the proceeds. It’s basically a mini-trial with the judge sitting as trier of fact, and each party presents evidence showing their individual lost of love, care, affection, and society resulting from death of the decedent, and the judge allocates on that basis.

Beware—brother’s waiver of “inheritance” does not automatically include waiver of right to wrongful death proceeds, because the proceeds are not inherited but are damages awarded to the beneficiaries directly by a trial (or in a settlement).

Attached are my CLE materials on the PR’s duties in wrongful death cases, and distinguishing wrongful death from the decedent’s own personal injury case arising from the medical malpractice.

You should check with a CPA before relying on me, but I am pretty sure that because WD money was never the decedent’s money, it’s also not part of the decedent’s estate for tax purposes, and so is not subject to estate tax. There can be taxable portions of the settlement and a CPA would be a good idea, but the tax issues are for the beneficiaries rather than the estate itself.

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 Ryan Castle
Sent: Wednesday, April 1, 2026 3:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Wrongful Death Settlement Heir Distribution Split?

Smart People,

New one for me. Decedent has asset of medical malpractice wrongful death settlement. Died intestate in 2023. Has surviving spouse and two adult children. Daughter was appointed as Adminsitrator with support of surviving spouse/mother and brother. Brother waived all claims to inheritance. Mom/survivng spouse wants all medmal settlement funds to go to daughter.

My understanding of RCW 4.20 wrongful death statute is that medmal funds are seperate property of surviving spouse and child, and therefore need to be split amongst the two. How do we determine that split? Based on my research on google, it appears that mom and daughter can decide how to split. But does judge have to approve of split? Can mom and daughter enter into contract where mom waives her rights to medmal proceeds? Heir disclaimer period is long gone.

We want to avoid mom gifting her share to daughter to avoid gift tax. But would estate taxes be due if daughter receives more than $2.193 million (2023 exemption threshold, and no spousal exemption)?

--

Ryan Castle
Castle Law Firm, PLLC
Managing Attorney
T: 360-592-3504
1313 E. Maple St., Suite 790
Bellingham, WA 98225
https://ryancastlelawfirm.com/

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