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IN RE ESTATE OF FLEMING

No. 43378-4-I.

991 P.2d 128 (2000)

98 Wash.App. 915

In re the ESTATE OF Thomas A. FLEMING, Deceased. Antonio B. Marzan, individually as half-brother of Thomas A. Fleming, and as Personal Representative of the Estate of Margaret Mary Fleming, Appellant, v. Judith Kovacs, as Personal Representative of the Estate of Thomas A. Fleming; and the State of Washington Department of Revenue, Respondents.

Court of Appeals of Washington, Division 1.

January 18, 2000.

Attorney(s) appearing for the Case

Michael M. Feinberg, Tracy M. Miller, Karr Tuttle Campbell, Seattle, for Appellant, on appeal.

Karen Marie Thompson, Thompson & Howie, Seattle, for Respondent Judith Kovacs, on appeal.

Cindy R. Evans, Asst. Atty. General, Olympia, for Respondent State of WA. Dept. of Revenue, on appeal.

BAKER, J.

Margaret Fleming voluntarily surrendered her infant son Thomas Fleming to a charitable organization for adoption. At that time, she agreed to a court order that permanently relinquished all maternal rights to him. However, Thomas was never adopted. He died intestate fifty years later with no spouse or issue. Margaret Fleming and her laterborn son Antonio Marzan now assert that they are intestate heirs of Thomas...

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