[WSBAPT] Negligent mother and wrongful death insurance monies

Thu Nov 6 10:18:15 PST 2014

Be aware a recent Supremes decision interprets this to mean the child of the slayer then takes the inheritance because of the anti lapse statute; I think that is a horrible result, but the reasoning is sound; a legislative fix is in order, I hope.  Does anyone know whether one is in the works?

Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
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Fax is 206 367 4005

From: Jill H. Sasser [mailto:jill.sasser at landerholm.com]
Sent: Thursday, November 06, 2014 9:58 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Negligent mother and wrongful death insurance monies

Dalynne:

I would take a look at RCW 11.84 and case law citing this statute, which might address your situation.  I think your issue might be whether the mother was negligent vs. willful and unlawful (read the definition of a slayer in RCW 11.84.010).

11.84.030
Slayer or abuser deemed to predecease decedent.
The slayer or abuser shall be deemed to have predeceased the decedent as to property which would have passed from the decedent or his or her estate to the slayer or abuser under the statutes of descent and distribution or have been acquired by statutory right as surviving spouse or surviving domestic partner or under any agreement made with the decedent under the provisions of RCW 26.16.120<http://app.leg.wa.gov/rcw/default.aspx?cite=26.16.120> as it now exists or is hereafter amended.

Jill H. Sasser | Attorney at Law
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P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-816-2534 | T: 503-283-3393  | F: 360-816-2496
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Thursday, November 06, 2014 8:41 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Negligent mother and wrongful death insurance monies

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