Are there any restrictions on how an intestate succession is divided?
In Washington, intestate succession is the process by which a deceased person’s estate is distributed when they do not have a will. Intestate succession law in Washington sets out how a decedent’s property is divided among their heirs if they died without having written a will. In Washington, intestate succession is generally divided in a predictable way. If the deceased had a spouse, but no children or grandchildren, then their entire estate would be passed to their spouse. If the deceased had children, then their estate would be divided between their spouse and children. If the deceased had grandchildren, then their estate would be divided between their spouse, children, and grandchildren based on the percentages of their respective shares. In addition to these general inheritance rules, there are situations in which additional restrictions might apply to an intestate succession in Washington. For example, if a decedent’s spouse or children had already received a portion of the estate under an earlier will, then that amount would not be included in the intestate succession. Furthermore, Washington intestate succession law imposes a “Forfeiture” rule in cases where one of the heirs has committed a crime against the deceased or one of their close relatives. In such cases, the court may order that the criminal heir be excluded from the intestate succession, and their share of the estate would be distributed among the other heirs. Overall, Washington intestate succession law does impose some restrictions on how an intestate succession is divided. In some cases, a criminal heir might be excluded from the succession, and any prior gifts made under a will may not be included in the division of the estate.
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