[WSBAPT] Negligent mother and wrongful death insurance monies

[Dalynne Singleton]

I do not do criminal work but do remember, in law school, that someone who
murders another cannot collect on life insurance even if the beneficiary
because of his/her bad acts.  If the decedent's estate is intestate, I would
think the same would apply to distribution of the proceeds, nothing to the
person even if they were to take under the intestacy statutes.

 

I have a situation where I opened a probate on behalf of a six year old who
died as a result of a once car traffic collision and was appointed
Administrator.  His biological mother was driving.  I am co-counsel with an
attorney who represents the father (divorced parents) and he is deciding
whether to bring claims against (1) municipality on roadway design; and/or
(2) negligent mother.  We have hired an expert to review the scene of the
collision and whether the 2 potential defendants are negligent or liable for
the death of this young child.

 

Mother's insurer has offered 500k policy limits on settlement under UM/UIM
policy for the son's death.  There is no PIP because son died at scene of
collision.

Since I am the administrator, I will be researching the issue of whether the
mother, if found negligent in the son's death, is entitled to intestate
proceeds from the son's estate and if yes, to what % ?

 

If anyone has faced this and has a brief which would get me started in my
research, I would appreciate any input to assist.

I will share my research with the listserve if there is interest.  thanks.

 

Dalynne Singleton

 

 <http://www.singletonjorgensen.com/> cid:image001.jpg at 01CACA00.28153650

 

1541 Piperberry Way SE, Suite 105

Port Orchard, WA  98366

Phone: 360-329-4079

Fax:     360-443-1259

E-mail:  <mailto:lara at singletonjorgensen.com> dalynne at singletonjorgensen.com

Web:     <http://www.singletonjorgensen.com/> www.singletonjorgensen.com

 

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