Legal Question in Family Law in Washington
mother passed away
my mother passed away 6/30/09.there is my brother & I. And i am wondering if him & I are the ones who get everything that she has because she is not married. she did not have a will. she lived with my grandmother because she had pancreatic cancer. Since we are her next of kin,are we the ones who legally get her things? my family is fighting over her things (her sisters) and i want to know that if we legally get her things, if I have to get an attorney to get all of her belongings.
2 Answers from Attorneys
Re: mother passed away
If there is no will at the time of your mother's death, her belongings pass by the law of intestate succession. In Washington, that usually means it passes to her children (you and your brother) if she was not married. However, there are potentially complicating factors which could change that result. Feel free to call me and I may be able to clear up those complicating factors with some basic information from you.
Re: mother passed away
RCW 11.04.015 provides the order of descent and distribution, as between issue and parents:
(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.
You don't need an attorney to do an intestate probate, but you may find it useful to have one.
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