Legal Question in Wills and Trusts in Washington

Father dies without will--legal rights of biological child

Father acknowledged biological daughter 6 years prior to death. There are "legal" five children he had since her. Father has died suddenly without legal will. What is the state laws of Washington for distribution of estate when there is no will?


Asked on 10/23/97, 10:27 am

2 Answers from Attorneys

Acknowledged 6th child.

Such a daughter normally will have the right toinherit from father, ESPECIALLY if there is no will. (Check with counsel licensed to practice inyour state and more knowledgeable than I about thatstate's laws.) To whom and in what manner did such an acknowledgmenttake place? The records and witnesses will be of great importance if others deny that he acknowledged her as his.But if noone denies it, then it's a matter of law and she'll probably inherit.

By the way, the truth of the matter may be less important than his acknowledgment, now that's dead and cannotcontest or admit it.

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Answered on 10/28/97, 2:59 am
Gary Preble Preble Law Firm, P.S.

No will in WA State

Intestate succession is found at http://leginfo.leg.wa.gov/pub/rcw/title_11/chapter_004/rcw_11_04_015

First child: If adopted by another man, no inheritance. http://leginfo.leg.wa.gov/pub/rcw/title_11/chapter_004/rcw_11_04_085

If not, illegitimacy is not a bar to intestate (no will) succession. http://leginfo.leg.wa.gov/pub/rcw/title_11/chapter_004/rcw_11_04_081

Proof of being his child may be a problem, depending on whom he told.

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Answered on 10/28/97, 3:28 am


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