Legal Question in Family Law in Washington

Step Children after Death

If a parent (father) is divorced, remarried and then dies, is the step-mother still considered legally a step-mother to the adult children?


Asked on 10/08/04, 10:49 am

2 Answers from Attorneys

Gary Preble Preble Law Firm, P.S.

Re: Step Children after Death

Your question does not give enough information for your particular circumstances. In general, I would say the only relationship that exists is social and not legal. (Moreover, you ask only about the parent-child relationship; I thus am not addressing any rights the step-mother may have in the father's estate or under his will.)

I do know of at least one exception to the general idea and there may be others. Specifically, RCW 74.15.020(2)(a)(v) would allow unlicensed daycare and other placement--of any minor children of the adult child of the deceased father--with the step-mother. In addition, if the adult child's minor children were removed from him by the CPS, RCW 13.34.060(1)(a), which refers to RCW 74.15.020(2)(a) would allow them to be placed with the step-mother rather than foster care.

Without research, I don't know of other situations where the step-mother would continue in any legal relationship.

The statutes cited can be accessed at http://www.leg.wa.gov/RCW/index.cfm?section=74.15.020&fuseaction=section and http://www.leg.wa.gov/RCW/index.cfm?section=13.34.060&fuseaction=section

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Answered on 10/08/04, 1:10 pm
Gary Preble Preble Law Firm, P.S.

Correction/addition to previous answer

The correct citation in the previous answer should be RCW 74.15,020(2)(a)(iv): "Spouses of any persons named in (i), (ii), or (iii) of this subsection (2)(a), even after the marriage is terminated".

It should not make any difference that the [grand]father had been divorced and remarried because the statute does not make that distinction. The statute is obviously concerned with the continued viability of the social relationship after the legal has terminated.

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Answered on 10/08/04, 1:27 pm


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