[WSBAPT] slayer statute / preponderance of evidence

[G. Geoffrey Gibbs]

I suspect that you will have to hold the probate open for a length of time while the criminal matter is resolved.  Were I counsel for the accused, I would certain assert his rights to decline to testify and the probate trial and request a continuance of the same until the criminal matter is resolved.  If the criminal matter is resolved in favor of the accused, you face a different and lesser burden of proof in the probate but I doubt that the court handling the probate will want to engage in the civil trial until the criminal matter is resolved.
G3
G. Geoffrey Gibbs | Anderson Hunter Law Firm
2707 Colby Avenue | Everett, WA  98201
Phone: (425) 252-5161 | Fax: (425) 258-3345
ggibbs at andersonhunterlaw.com<mailto:ggibbs at andersonhunterlaw.com> / www.andersonhunterlaw.com<http://www.andersonhunterlaw.com/>
[cid:image001.jpg at 01D0FB6E.37180600]
This email message may contain confidential and privileged information.  Any unauthorized use is prohibited.  If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Valerie Ohlstrom
Sent: Wednesday, September 30, 2015 10:32 AM
To: 'WSBA Probate & Trust Listserv'; 'Solo and Small Practice Section'
Subject: Re: [WSBAPT] slayer statute / preponderance of evidence

Please answer to the list. Thank you!

Very Truly Yours,

Val

Valerie O. Ohlstrom

Ohlstrom Law Office
valerie at ohlstromlaw.com<mailto:vohlstrom at comcast.net>
www.ohlstromlaw.com<http://www.ohlstromlaw.com/>
(425) 881-5251


This electronic message is intended for the sole use of the recipient(s) named above and may contain confidential and legally privileged information. Any unauthorized review, use, copying, disclosure or distribution is prohibited. If you are not the intended recipient, and received this electronic message in error, please immediately contact the sender by reply e-mail and destroy all copies of the original message.


From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto:kjm.inc at mac.com>

Please note, as with most email providers, Mac does not encrypt email messages.  Accordingly, the confidentiality of messages sent to this address cannot be assured.  This e-mail is intended for viewing only by the individual or entity to whom its content is addressed, and it may contain confidential or privileged information.  If you received this email in error, please honor the privacy of the intended recipient: reply to the sender regarding the error and delete the message.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150930/9dfa40f4/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2555 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150930/9dfa40f4/image001.jpg>