In Re The Estate Of Deborah E. Reid
49222-9
| Wash. Ct. App. | Aug 8, 2017Background
- Deborah Reid gave birth to Brandon Saludares in 1982; Reid consented to his adoption by her parents when he was two years old.
- Reid later had two more children, Laurenne and Dillon. Reid died in 2008 from an overdose.
- Reid’s estate filed a wrongful death suit against medical providers; defendants settled for $850,000 and the court approved the settlement, holding proceeds in trust pending determination of beneficiaries.
- Saludares claimed a share of the wrongful death recovery as Reid’s child; Laurenne and Dillon moved for summary judgment that Saludares was not a statutory beneficiary under RCW 4.20.020.
- The superior court granted summary judgment to Laurenne and Dillon, ruling the adoption severed Saludares’s legal child status vis-à-vis Reid; Saludares appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an adoptee remains a “child” of biological parent under RCW 4.20.020 wrongful death statute | Saludares: "child" includes biological children regardless of adoption; adoption does not disqualify him | Laurenne/Dillon: Adoption statute makes adoptee the legal child of adoptive parents for all legal incidents, excluding biological parent | Adoptee is not a statutory beneficiary; adoption severs legal parent-child status for wrongful death claims |
| Whether the adoption decree actually terminated the parent-child relationship | Saludares: No separate relinquishment petition/order, so relationship not terminated | Laurenne/Dillon: Reid’s written consent and the adoption decree satisfied statutory relinquishment and termination procedures | Court: Reid’s consent and adoption proceedings effectively terminated the relationship; decree was sufficient |
| Whether judicial estoppel requires treating Saludares as a beneficiary because he was listed in probate papers | Saludares: Listing as heir and notice in probate estops estate from denying beneficiary status | Laurenne/Dillon: Listing was required for notice; it was not an assertion that he is a wrongful-death statutory beneficiary | Court: Judicial estoppel does not apply; listing as potential heir was not an inconsistent or misleading assertion |
| Whether court erred by approving distribution without an evidentiary hearing | Saludares: Court should have held hearing to allocate proceeds among beneficiaries | Laurenne/Dillon: Distribution appropriate given legal status of beneficiaries | Court: Declined to address because Saludares is not a statutory beneficiary; affirmed distribution order |
Key Cases Cited
- In re Estate of Blessing, 174 Wn.2d 228 (2012) (framework for statutory interpretation)
- In re Estates of Donnelly, 81 Wn.2d 430 (1972) (adoption severs ties for intestate succession; “fresh start” rationale)
- In re Estate of Fleming, 143 Wn.2d 412 (2001) (adoption/voluntary relinquishment severs inheritance rights from biological parent)
- Anfinson v. FedEx Ground, 174 Wn.2d 851 (2012) (judicial estoppel principles)
- Arkison v. Ethan Allen, Inc., 160 Wn.2d 535 (2007) (three-factor test for judicial estoppel)
- New Hampshire v. Maine, 532 U.S. 742 (2001) (federal articulation of judicial estoppel factors)
- Tait v. Wahl, 97 Wn. App. 765 (1999) (affinity or parent-like relationship does not create statutory beneficiary status under wrongful death statute)