[WSBAPT] Negligent mother and wrongful death insurance monies

MK Henderson law.mkh at gmail.com
Thu Nov 6 09:50:48 PST 2014


Look at 11.84 to start.

On Thu, Nov 6, 2014 at 8:41 AM, Dalynne Singleton <
dalynne.singleton at singletonjorgensen.com> wrote:

> 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
>
>
>
> [image: cid:image001.jpg at 01CACA00.28153650]
> <http://www.singletonjorgensen.com/>
>
>
>
> 1541 Piperberry Way SE, Suite 105
>
> Port Orchard, WA  98366
>
> Phone: 360-329-4079
>
> Fax:     360-443-1259
>
> E-mail: dalynne at singletonjorgensen.com <lara at singletonjorgensen.com>
>
> Web:    www.singletonjorgensen.com
>
>
>
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-- 
Mary K. Henderson
Henderson Law Office PLLC
1123 Maple Ave SW, Suite 225
Renton, WA 98057
206-650-2472
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