[WSBAPT] slayer statute / preponderance of evidence

[James B. Dolan]

If the accused has been arraigned, the Affidavit of Probable Cause should be
available in the criminal file, and could be included with your probate
pleadings, as suggested by Karen.

 

-jbd-

 

===================

 

Jones Butler Dolan, PS

www.jbdolan.com

www.jonesbutlerdolan.com

 

Mount Vernon

 

P.O. Box 2784

415 Pine Street 

Suite 233

Mount Vernon, WA 98273

Telephone: 360-336-2939

Facsimile: 360-336-2949

 

Stanwood

 

P.O. Box 458

10027 - 269th Place NW (SR 532)

Stanwood, WA 98292

Telephone: 360-629-3833

Facsimile: 360-629-6253

 

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Karen Thompson
Sent: Wednesday, September 30, 2015 11:07 AM
To: WSBA Probate & Trust Listserv; Solo and Small Practice Section
Subject: Re: [WSBAPT] slayer statute / preponderance of evidence

 

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

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