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Keywords

statuteappealtrialcase law

statuteappealtrialtrust

Related Cases

In re Estate of Blessing, 174 Wash.2d 228, 273 P.3d 975

Facts

Audrey Blessing was married to Carl Blaschka, who had four children from a previous marriage. They raised all seven children together until Blaschka's death in 1994. Blessing died in 2007, and her biological child initiated a wrongful death action against the driver responsible for Blessing's death. The Blaschka children sought to be recognized as beneficiaries under the wrongful death statute, arguing that they remained Blessing's stepchildren despite their father's death. The trial court ruled in their favor, but the Court of Appeals reversed this decision.

The Blaschka children filed a petition under the Trust and Estate Dispute Resolution Act, chapter 11.96A RCW, seeking a determination that they were entitled to participate as statutory beneficiaries in the wrongful death claim.

Issue

Are the children of a decedent's predeceased spouse considered 'stepchildren' under RCW 4.20.020, entitling them to recover in a wrongful death action?

Rule

RCW 4.20.020 provides that every wrongful death action shall be for the benefit of the wife, husband, state registered domestic partner, child or children, including stepchildren, of the person whose death shall have been so caused. The term 'stepchildren' is not defined in the statute.

RCW 4.20.020, in relevant part, provides that every wrongful death action 'shall be for the benefit of the wife, husband, state registered domestic partner, child or children, including stepchildren, of the person whose death shall have been so caused.'

Analysis

The court analyzed the term 'stepchildren' in the context of the wrongful death statute, referencing previous case law that established that a step-relationship does not terminate upon the death of the stepparent. The court found that the Blaschka children maintained their stepchild status because they had a close relationship with Blessing that continued until her death, despite their father's earlier passing. The court emphasized that the statute does not limit the definition of stepchildren to those whose stepparent is currently married to their biological parent.

We hold that the Blaschka children retained their 'stepchildren' status under RCW 4.20.020.

Conclusion

The Supreme Court reversed the Court of Appeals' decision and reinstated the trial court's ruling, confirming that the Blaschka children are statutory beneficiaries under the wrongful death statute.

We reverse the Court of Appeals, reinstating the trial court's determination that the Blaschka children are statutory beneficiaries under the wrongful death statute.

Who won?

The Blaschka children prevailed in the case because the Supreme Court determined they retained their status as stepchildren under the wrongful death statute, allowing them to participate in the wrongful death action.

The Blaschka children are awarded fees and costs under RCW 11.96A.150 and RAP 18.1 as the prevailing parties.

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