[WSBAPT] Negligent mother and wrongful death insurance monies

[Richard Wills]

*Dalynne --- See **11.84 
<http://app.leg.wa.gov/RCW/default.aspx?cite=11.84>**, the Slayer Statute.*


On 11/6/2014 8:47 AM, Dalynne Singleton 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
>
> 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 
> <mailto:lara at singletonjorgensen.com>
>
> Web: www.singletonjorgensen.com <http://www.singletonjorgensen.com/>
>
> //
>
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