Estate inheritance law

[factseeker]

I have a friend who is a Swiss citizen (and resident of that country) who co-owns a house and property here in Washington state. Her husband, the other co-owner, has died recently. She wonders how the inheritance of that property will proceed, whether the laws of Switzerland or the U.S. will apply and whether the property will be subject to state inheritance laws as well. Can anyone offer advice on this matter?

 

[seniorjudge]

Why would Swiss law apply to Washington State???

Anyway, here is where the stuff goes:

Washington Intestate Succession Laws

If any part of a Washington decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

* If there is no surviving issue (e.g., decedent's child or grandchild), the surviving spouse is entitled to all of the decedent's share of the net community estate plus one-half of the net separate estate.
* If there is no surviving issue, but the intestate is survived by one or more of his parents, or by one or more of the issue of one or more of his parents, the surviving spouse gets all of the decedent's share of the net community estate plus three-quarters of the net separate estate.
* If there is no surviving issue, parents, or issue of decedent's parents, the surviving spouse is entitled to the entire net separate estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes in the following way:

1. To the decedent's issue. If they are all in the same degree of kinship to the decedent, they take equally, or if of unequal degree, then those of more remote degree shall take by representation.
2. If there are no surviving issue, then to the parent or parents who survive the decedent.
3. If the decedent is not survived by issue or by either parent, then to those issue of the parent or parents who survive the decedent. If they are all in the same degree of kinship to the decedent, they take equally. If of unequal degree, then those of more remote degree take by representation.
4. If the intestate decedent is not survived by any of the above, the estate goes to the surviving grandparent or grandparents. If both maternal and paternal grandparents survive the decedent, the maternal grandparent or grandparents shall take one-half and the paternal grandparent or grandparents shall take one-half.
5. As a final resort, the intestate estate goes to the surviving issue of any grandparent or grandparents. Taken as a group, the issue of the maternal grandparent or grandparents must 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 decedent, or, if some are of unequal degree, then those of more remote degree will take by representation.

As referred to above, representation is a method of determining distribution when takers are in unequal degrees of kinship with respect to the intestate decedent. After first determining who of those entitled to share in the estate are in the nearest degree of kinship, the estate is divided into equal shares, the number of shares being the sum of the number of persons who survive the decedent who are in the nearest degree of kinship and the number of persons in the same degree of kinship who died before the decedent, but who left issue surviving the decedent. Each share of a deceased person in the nearest degree is divided among those of the deceased person's issue who survive the decedent and have no ancestor then living who is in the line of relationship between them and the decedent, those more remote in degree taking together the share which their ancestor would have taken had he or she survived the decedent. Posthumous children are considered as living at the death of their parent.

3. State of Washington. If there is no taker under any of the above provisions, the intestate estate passes to the state of Washington. However, this may be avoided if inheritance through a step-parent is possible.

Washington Intestate Succession Law Fun Facts

* Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
* A lawfully adopted child is not considered an heir of his natural parents and cannot claim a share of their intestate estate.
* Washington's intestate succession laws, as well as other related laws, can be found in Title 11 of the Washington Revised Code.



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