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

[Krista MacLaren]

Hi Eric,

I have dealt with a bit of this, but I am very interested in other people’s comments, because as you say, the law on it is very vague.  My understanding is that it depends how the damages/settlement are characterized.  The estate would receive a portion of the settlement primarily for (and someone can correct me if I have the specifics wrong) pain and suffering suffered by the decedent preceding death, and lost wages of decedent, because these would have been his had he lived.  The statutory beneficiaries receive basically everything else - any loss of consortium, and pain & suffering of the statutory beneficiaries.  I’m not sure whether they can have economic loss based on parent’s death - maybe if they are minors supported by parent?  If decedent died immediately (no pain & suffering) and was retired (no economic loss), then I think basically everything would go to statutory beneficiaries.  If there was suffering prior to death, then the estate would receive that.  However, often the settlement is negotiated in bulk with no real distinction made about what it is for.  I have done a TEDRA agreement among surviving spouse and kids before clarifying what portion of the settlement was deemed the kids’ share versus the surviving spouse.  In the case where statutory Bs are adults and maybe had little contact with decedent in the last few years because they were off living their own lives, then surviving spouse should probably receive the bulk of the settlement, and I think it can be negotiated if everyone is agreeable.  

Please share if you receive more info, I would love to learn more on this.

Krista

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle WA 98115
(206) 523-6116
kjm.inc at icloud.com

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> On Nov 14, 2018, at 2:02 PM, Eric Lanza <eric at jaglaw.net> wrote:
> 
> 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.
> <image002.jpg>
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