[WSBAPT] slayer statute / preponderance of evidence

[Josh Grant]

Usually there is a probable cause affidavit filed in the criminal case which sets out the basic facts.  This PC affid. is filed in order to get a warrant.  This would have a lot more detail than the information which is the charge.  Both are reviewable by any member of the public at the clerk’s office.

From: 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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