[WSBAPT] slayer statute / preponderance of evidence

[Karen Thompson]

A number of years ago I handled a probate in which one of the heirs had pled not guilty by reason of insanity to killing decedent.  That heir retained counsel who argued that that heir did not meet the "willful" language in the slayer statutes.  We ended up settling the case, with court approval, by giving that heir a few personal property items and attorneys fees.

As I read this post, what occurred to me is that you may want to proceed with the probate and point out in your pleadings the facts.  If the criminal matter has not been resolved by the time the probate is ready to be closed, you could request authority to deposit that share's share into the registry of the Court, for further determination based upon the outcome of the criminal proceedings.  Just a thought...

Karen Marie Thompson
THOMPSON & HOWLE
4115 Roosevelt Way NE, Ste. B
Seattle, WA 98105
(206)545-7777
Fax: (206)545-0777

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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<mailto:kjm.inc at mac.com>

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