[WSBAPT] Negligent mother and wrongful death insurance monies

Thu Nov 6 11:02:32 PST 2014

In re Estate of Calvin H. Evans, Sr. is the title of the case Roger refers
to.

On Thu, Nov 6, 2014 at 10:18 AM, Roger Hawkes <Roger at law-hawks.com> wrote:

>  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
>
> www.hawkeslawfirm.com
>
> 206 367 5000
>
> 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
> [image: Landerholm Logo]
> 805 Broadway Street, Suite 1000
>
> P.O. Box 1086
> Vancouver, WA 98666-1086
> T: 360-816-2534 | T: 503-283-3393  | F: 360-816-2496
> www.landerholm.com
>
>
>
>
>
>
>
>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [
> mailto:wsbapt-bounces at lists.wsbarppt.com
> <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
> *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
>
>
>
> [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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