[WSBAPT] Negligent mother and wrongful death insurance monies
Richard Wills
richardwills at washington-probate.com
Thu Nov 6 13:26:41 PST 2014
*I've found the case that Carol Vaughn told me about: Estate of
Haviland, 177 Wn.2d 68 (2013).*
On 11/6/2014 12:06 PM, Roger Hawkes wrote:
>
> Estate of Calvin H. Evans, Sr is the case; thanks MK Henderson. I
> thought it was a Supremes case but is Division one from May of this
> year. I don't know if it's on appeal. It applies the slayer/abuser
> statute to deny a son's inheritance but allowed that inheritance to go
> to the abuser's children per the anti-lapse statute; presumably the
> case is being appealed by one of us. Who knows if that is true? And
> if anyone is preparing a legislative proposal to change that result?
>
> 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:*Richard Wills [mailto:richardwills at washington-probate.com]
> *Sent:* Thursday, November 06, 2014 11:42 AM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] Negligent mother and wrongful death insurance
> monies
>
> *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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