No Will? Part VIII: How Does My Family Fit into the Mix?

This blog series explores the problems and complexities that may occur when someone dies without a Will. Prior posts discussed the process for appointing an estate Administrator, the authority that an Administrator may or may not have, whether the Administrator may be required by the court to furnish bond, and an overview of intestate succession. In my fifth, sixth and seventh blog posts, I discussed the details of intestate succession in terms of the distribution to a surviving spouse, a registered domestic partner, or a live-in romantic partner. This blog post will discuss what happens in relation to the rest of your family if you don’t have a Will.

The intestate distribution to other “non-romantic” family members is governed by RCW 11.04.015(2), which states:

(2) Shares of others than surviving spouse or state registered domestic partner. The share of the net estate not distributable to the surviving spouse or state registered domestic partner, or the entire net estate if there is no surviving spouse or state registered domestic partner, shall descend and be distributed as follows:

(a) To the issue of the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or if of unequal degree, then those of more remote degree shall take by representation.

(b) If the intestate not be survived by issue, then to the parent or parents who survive the intestate.

(c) If the intestate not be survived by issue or by either parent, then to those issue of the parent or parents who survive the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or, if of unequal degree, then those of more remote degree shall take by representation.

(d) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents who survive the intestate, then to the grandparent or grandparents who survive the intestate; if both maternal and paternal grandparents survive the intestate, the maternal grandparent or grandparents shall take one-half and the paternal grandparent or grandparents shall take one-half.

(e) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents or by any grandparent or grandparents, then to those issue of any grandparent or grandparents who survive the intestate; taken as a group, the issue of the maternal grandparent or grandparents shall share equally with the issue of the paternal grandparent or grandparents, also taken as a group; within each such group, all members share equally if they are all in the same degree of kinship to the intestate, or, if some be of unequal degree, then those of more remote degree shall take by representation.

What if Bob dies without a Will, and he’s single? He has two children, Henry and Jacob. Jacob is deceased, but has two daughters, Sally (age two) and Melissa (age four). According to the statute, Bob’s estate would be distributed in the probate as follows: Henry would receive 50%, and Sally and Melissa would each receive 25%. The distributions to Sally and Melissa would be held in a blocked account until their eighteenth birthdays.  Suppose Sally and Melissa wait patiently until their eighteenth birthdays, receive their inheritances, and then proceed to blow every penny on partying, Porsches, and trips to Europe? That unfortunate scenario could have been avoided if Bob had done his estate planning and set up a testamentary trust for Sally and Melissa that released the funds at a later age.

What if Bob had a registered domestic partner, no children, but his parents were living? Then his registered domestic partner would receive all of the community property and 75% of the separate property (which would have to be determined). And the remaining 25% percent of the separate property would be split equally between Bob’s parents.

Finally, what if Bob was married, no children, no living parents, but he had a brother, Sam, who lives in Cleveland? Bob and Sam had not communicated for 40 years. Bob’s wife would receive all of the community property and 75% of the separate property, and Sam would receive the remaining 25%. Even though Bob would have rather burned the money than see it go to Sam, there’s nothing that can be done in this instance. Bob didn’t have a Will. If Bob would have stepped up and gotten his estate planning done, the result would have been different.

Read the next post in the series here.

Photo credit: il cantiere on Flickr