[WSBAPT] slayer statute / preponderance of evidence

[Valerie Ohlstrom]

Please answer to the list. Thank you!

 

Very Truly Yours,

 

Val

 

Valerie O. Ohlstrom

 

Ohlstrom Law Office

 <mailto:vohlstrom at comcast.net> valerie at ohlstromlaw.com

 <http://www.ohlstromlaw.com/> www.ohlstromlaw.com

(425) 881-5251

 

 

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Krista MacLaren
Sent: Wednesday, September 30, 2015 10:17 AM
To: Solo and Small Practice Section; wsba probate & trust
Subject: [WSBAPT] slayer statute / preponderance of evidence

 

Hi Good People,

 

I am working on a probate in which the decedent was allegedly killed by the
main beneficiary under her will.  I am trying to figure out how to get the
probate court to conclude he is a slayer under the statute.  But the murder
only took place in July and he has only recently been arraigned and plead
not guilty.  I thought maybe if I could learn on what basis he was arrested
and charged, that would be sufficient for the probate court to determine by
a preponderance of the evidence that he is a slayer.  I submitted a public
records request to the king county sheriff, and they have said that records
in open and active cases cannot be released.  Will I have to just hold the
probate open for eternity until he is either convicted or the case is not
open or active, in order to determine who receives decedent's funds?  We
actually have not even opened the probate yet, so the passing of several
months isn't a big deal.  I had hoped to address the issue of the
beneficiary when opening the probate in a noticed hearing.  I would love to
hear from anyone who has seen the slayer statute play out in real life
before.  Suggestions welcome!

 

Thank you,

 

 

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle, WA 98115
(206)523-6116
kjm.inc at mac.com

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