[WSBARP] Intestacy

[John J. Sullivan]

Oh, in case you’re wondering … I did get my fees paid by the estate. 😎

Sent from my iPad

> On Oct 18, 2022, at 9:20 PM, John J. Sullivan <sullaw at comcast.net> wrote:
> 
> Kenyon: 
> 
> Not unless the Conflicts of Laws rules call for the application of the law of Saudi Arabia. 😏
> 
> I actually had a similar case a year ago here in King County. Decedent American citizen domiciled in WA (perhaps dual Saudi citizen but that’s complicated, never proven, and irrelevant). No wife, descendants, or “issue.” Parents dead. Five siblings, two dead, both survived by nieces and nephews of deceased. 
> 
> A sibling and a nephew (of a deceased sibling) visit from Saudi to administer the estate.  At first they are cooperating. The nephew hires me at his uncle’s suggestion. I prepare to open an intestate probate in King to appoint him as Administrator. But as I’m getting ready to file, I learn the sibling convinced another attorney, who hired a third attorney to be his client (not the sibling) and serve as Administrator. They had already opened a probate here. 
> 
> But my client was given no Notice of Appointment in that probate and there was no hearing on granting NIP because the surviving siblings gave the uncle a Saudi POA to waive. Why did this work at first? Well, because the attorney kind of smoothly hints that just maybe the intestate laws of Saudi Arabia should apply. Well, they weren’t positive, but if nobody objected? So, I opened a TEDRA to object. Why? Because under RCW 11.04.015 the nieces and nephews take by representation, sharing their deceased parent’s share equally. Under Saudi law there is no right of representation. Oh … and  … you’ll love this one.  The sisters of the deceased only receive half shares under Saudi law. Because the deceased was clearly domiciled in WA that’s what determines the conflicts issue The Administrator and his attorney backpedaled pretty quickly and justice was done. The uncle was not happy. 
> 
> In your hypothetical as well, the cousins take by representation. 
> 
> By the way, don’t forget “issue” includes what we used to term “illegitimate” offspring. 
> 
> John J. Sullivan
> 
> 
> Sent from my iPad
> 
>>> On Oct 18, 2022, at 1:12 PM, Ken Luce <Ken.Luce at lucelawfirm.com> wrote:
>>> 
>> 
>> Single person passed, no issue.  Both parents and all grandparents deceased. Mother of deceased had siblings but all passed before my client.   Father of deceased had 5 brothers and sisters but only 2 alive when my client died. Do I read correctly RCW 11.04.015 that the only folks are the surviving brothers of the father and the issue of the deceased uncles and aunts (cousins) get nothing? 
>>  
>>  
>> Kenyon Luce
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