[WSBAPT] Extinguishing the inheritance rights of slayers

[Randolph Petgrave]

Listmates,

Has anyone extinguished the inheritance rights of a slayer (RCW 11.84), by getting a superior court order (RCW 11.84.140(b)) rather than using a conviction?

I am faced with such a situation.  The slayer is pending trial for the crime, but we want to extinguish his rights sooner rather than later.  What evidence can be used in superior court to satisfy the burden of proof (which is preponderance of the evidence)?  All the obvious evidence is currently locked up pending the criminal proceeding.  I am wondering, however, if the prosecutor's declaration in support of the indictment/information can be used, especially if it discusses the tape recorded voluntary confession of the accused.

Additionally, the statute states that in addition to a conviction, an acquittal by reason of insanity, will extinguish the rights.  The accused is pleading not guilty by reason of insanity.

Or am I just going to have to wait to see how the criminal proceeding resolves.

Thanks,
Randy
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180426/d9be4f05/attachment.html>