[WSBAPT] Extinguishing the inheritance rights of slayers

[Jill H. Sasser]

In my slayer case, we waited until the conviction was in place, then we got an order that it was reasonable and appropriate to distribute the assets of the estate as provided in RCW 11.84.  We did not wait for the appeals process.

Jill

Jill H. Sasser | Attorney at Law
Landerholm P.S.
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-816-2534 T: 503-283-3393 F: 360-816-2535
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Krista MacLaren
Sent: Wednesday, September 19, 2018 11:26 AM
To: wsba probate & trust <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Extinguishing the inheritance rights of slayers

Hi Randy,

I am curious what happened with your case.  I have a probate in which the slayer has been convicted, but I’m trying to decide whether to get a court order saying I can distribute the estate to the other beneficiaries and not the slayer, or if that is overkill, and I should just distribute the estate under the non-intervention powers without worrying about the slayer.  Any thoughts?

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 icloud.com<mailto:kjm.inc at icloud.com>

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On Apr 26, 2018, at 3:58 PM, Randolph Petgrave <randgrave at msn.com<mailto:randgrave at msn.com>> wrote:

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
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