[WSBARP] Statutory Beneficiaries to Wrongful Death Action vs Intestate Succession Beneficiaries

[Eric Lanza]

Listserv--

Decedent passed away without a will. He had a surviving spouse, and 4 step-children (none of them adopted by decedent).

Under intestate succession statute, surviving spouse gets everything (decedent had no biological children), and stepchildren receive nothing.

Only asset of the estate is a large monetary judgment in wrongful death action. Wrongful death action was prosecuted by the personal representative in the name of the estate.

RCW 4.20.020 says the beneficiaries of the wrongful death action are the surviving spouse...and children, including stepchildren.

Under RCW 4.20.020, it seems that stepchildren are entitled to a portion (?) of the wrongful death award. However, under the intestate succession statute, they aren't entitled to any property of the estate.

How are these statutes reconciled? I can't seem to find any case law on it.

Any thoughts would be appreciated!

Thanks,

Eric J. Lanza, J.D.
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