[WSBAPT] Negligent mother and wrongful death insurance monies

Thu Nov 6 11:42:29 PST 2014

*I was recently but am no longer involved in a probate in which 
Decedent's husband was convicted of having murdered the D, with the 
conviction having been upheld on appeal.  According to D's Will, D's 
estate went to the H, which he lost due to the slayer statute, & then 
half to D's sibs & half to D's H's deceased sister's four adult 
daughters.  The issue was whether the latter would take their half or 
forfeit it under the slayer statute, resulting in D's sibs getting all 
of the estate.

I consulted with Carol Vaughn, & as I recall, she told me that she was 
recently involved in a slayer case with assets ostensibly passing on 
default due to the slayer statute to one or more of the slayer's 
relatives, & in which the King County Court had held that the estate's 
passing to the slayer's relatives benefited the slayer & thus ordered 
the relatives to be considered as having predeceased, & that that ruling 
was upheld on appeal.**Therefore, case law appears to exist to overturn 
the horrible result of which you speak.  No, I don't know the name of 
the case, although it was recent.*

On 11/6/2014 10:18 AM, Roger Hawkes 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 <http://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
> 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 <http://www.landerholm.com/>
>
> *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
>
> 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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