In re the Estate of Blessing

160 Wash. App. 847
CourtCourt of Appeals of Washington
DecidedMarch 24, 2011
DocketNo. 29153-7-III
StatusPublished
Cited by1 cases

This text of 160 Wash. App. 847 (In re the Estate of Blessing) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Estate of Blessing, 160 Wash. App. 847 (Wash. Ct. App. 2011).

Opinion

¶1 The estate of Audrey Blessing appeals the trial court’s ruling that the children of Audrey’s1 deceased second husband were her “stepchildren” within the meaning of RCW 4.20.020 and entitled to participate in a wrongful death action brought by the estate. Audrey had survived her third husband and was unmarried at her death. Because the stepparent/stepchild relationship had legally ended before Audrey’s death, the trial court erred. Accordingly, we reverse.

Brown, J.

FACTS

¶2 Audrey was first married to Alvin Hendricks from 1949 until 1964, when they divorced. While married, the [849]*849couple had three daughters, including Cynthia Hagensen. In December 1964, Audrey married her second husband, Carl Blaschka. Mr. Blaschka had four children from his previous marriage to Marion: John, Julie, Diana, and Carla. Three of the children were Marion’s that Mr. Blaschka had adopted. Audrey and Mr. Blaschka raised their seven children together. Audrey did not adopt the Blaschka children.2 No children were born to Audrey and Mr. Blaschka. Audrey and Mr. Blaschka were married until his death in 1994. After Mr. Blaschka’s death, Audrey maintained a close relationship with the Blaschka children. In 2002, Audrey married her third husband, Robert Blessing. Mr. Blessing died in 2005. Audrey continued to remain close with the Blaschka children while married to Mr. Blessing and after his death.

¶3 Audrey remained unmarried and died in September 2007, allegedly as the result of an automobile collision. Audrey’s will was filed in probate the next month and named Ms. Hagensen as personal representative. Audrey listed the Blaschka children as residuary beneficiaries of a portion of her estate. Ms. Hagensen made a wrongful death claim for the estate arising from the automobile collision. The parties in their briefing agree that funds derived from the wrongful death claim are not part of Audrey’s estate.

¶4 In November 2009, the Blaschka children petitioned for a judicial determination that they were beneficiaries of the estate’s wrongful death claim. Ms. Hagensen, as personal representative, then moved for judgment (1) declaring the Blaschka children are not “stepchildren” for the purposes of the wrongful death statute, (2) dismissing the Blaschka children’s TEDRA3 petition, and (3) awarding the estate attorney fees and costs. The Blaschka children moved for an order and judgment declaring them “stepchil[850]*850dren” of Audrey Blessing under the Washington wrongful death statute.

f 5 In June 2010 the court denied the estate’s motion and declared the Blaschka children “stepchildren” of Audrey Blessing and beneficiaries in any wrongful death claim brought by her estate. The court denied reconsideration. The estate appealed.

ANALYSIS

¶6 The issue is whether the trial court erred in deciding children of a decedent’s former husband are “stepchildren” and wrongful death beneficiaries under RCW 4.20.020. A wrongful death action is “for the benefit of the wife, husband,... child or children, including stepchildren, of the person whose death shall have been so caused.” RCW 4.20.020. The phrase “including stepchildren” was added in 1985. Laws of 1985, ch. 139, § 1. “Stepchildren” is not defined in the statute or in its legislative history.

¶7 Statutory interpretation is a question of law reviewed de novo. State v. Breazeale, 144 Wn.2d 829, 837, 31 P.3d 1155 (2001). When interpreting a statute, a court’s fundamental objective is to ascertain and carry out the legislature’s intent. State v. Jacobs, 154 Wn.2d 596, 600, 115 P.3d 281 (2005). “[I]f the statute’s meaning is plain on its face, then the court must give effect to that plain meaning as an expression of legislative intent.” Dep’t of Ecology v. Campbell & Gwinn, LLC, 146 Wn.2d 1, 9-10, 43 P.3d 4 (2002). The plain meaning of a statute is derived “from the ordinary meaning of the language at issue, as well as from the context of the statute in which that provision is found, related provisions, and the statutory scheme as a whole.” Jacobs, 154 Wn.2d at 600. When a statutory term is undefined, the court may look to a dictionary for its ordinary meaning. State v. Gonzalez, 168 Wn.2d 256, 263, 226 P.3d 131 (2010).

¶8 The dictionary defines “stepchild” as “a child of one’s wife or husband by a former marriage.” Webster’s [851]*851Third New International Dictionary 2237 (1993). Further, Black’s Law Dictionary defines “stepchild” as “[t]he child of one’s spouse by a previous marriage.” Black’s Law Dictionary 272 (9th ed. 2009). The estate argues the ordinary meaning of stepchildren solely includes children of a person with a husband, wife, or spouse. Therefore, once a marriage has ended, the “step” relationship also ends. Br. of Appellant at 12. Given the above definitions, we agree.

¶9 Our legislature has established similar definitional limits in other statutory areas. According to the support of dependent children statute found at RCW 74.20A.020(8): “ ‘Stepparent’ means the present spouse of the person who is either the mother, father, or adoptive parent of a dependent child, and such status shall exist until terminated as provided for in RCW 26.16.205.” RCW 26.16.205 in turn provides that such status terminates upon the entry of a decree of dissolution, decree of legal separation, or death, or upon filing a decree of dissolution or separation if the stepparent so moves.

f 10 When the words in a statute are clear and unequivocal, we are required to assume the legislature meant exactly what it said and apply the statute as written. Ralph’s Concrete Pumping, Inc. v. Concord Concrete Pumps, Inc., 154 Wn. App. 581, 591, 225 P.3d 1035, review granted, 169 Wn.2d 1029, 241 P.3d 786 (2010). We may not add words where the legislature has chosen to exclude them. State v. Delgado, 148 Wn.2d 723, 727, 63 P.3d 792 (2003). The court avoids reading the statute in ways that will lead to absurd or strange results. Lane v. Harborview Med. Ctr., 154 Wn. App. 279, 289, 227 P.3d 297 (2010).

fll The Blaschka children note the Supreme Court defined stepchild in 1950 in In re Estate of Bordeaux, 37 Wn.2d 561, 593, 225 P.2d 433

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Related

In Re the Estate of Blessing
273 P.3d 975 (Washington Supreme Court, 2012)

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