Are there any surviving relatives that are excluded from inheriting from an intestate estate?
In Washington, there are certain surviving relatives that are excluded from inheriting from an intestate estate. This is known as the “rule against perpetuities”. According to the rule, when there is no valid will, certain relatives will not be entitled to inherit from the estate. These relatives include brothers and sisters, half brothers and sisters, and more distant relatives in the same degree. Additionally, adoptive relatives are excluded, as well as any children born out of wedlock unless a legal paternity action is brought and the deceased is legally deemed to be the father. Excluded surviving relatives may still be able to seek a share of the estate if they can prove that they would have been entitled to a share if the deceased had died intestate, or if there had been a will. This method, known as an elective share, would allow them to receive the same share of the estate as they would have been entitled to had the deceased died without a will. In Washington, it is important to note that only the relatives of the deceased are excluded from inheriting, not their creditors. Creditors of an intestate estate are still given priority over an intestate heir’s claim on the estate. This means that creditors may receive payment before any surviving relatives are able to receive their share of the estate, regardless of the rule against perpetuities.
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