[WSBAPT] Slayer statute application to inheritance from third party?

[Marcus J. Fry]

I agree with Karen because the intestate statute basically is a will substitute.  By not having a written will, deceased aunt chose to leave her estate to her sibling and apparently murderous nephew.  With that said, deceased sibling’s estate may still have a wrongful death claim against son (nephew) assuming SOL hasn’t run and could file suit and obtain a writ of attachment on inheritance.

-Marcus


Marcus J. Fry
Attorney | Witherspoon • Kelley
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Karen E. Boxx
Sent: Wednesday, April 20, 2022 1:33 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Slayer statute application to inheritance from third party?

The nephew is inheriting as intestate heir to your decedent so the slayer statute won’t apply.
Sent from my iPad


On Apr 20, 2022, at 1:29 PM, Sara Longley <sara at ivylawgroup.com<mailto:sara at ivylawgroup.com>> wrote:

Hello listmates,

I have searched the case law and I am scratching my head and hoping someone can help me out.  I have a probate where the decedent’s intestate estate would pass in equal shares to her two siblings.  However, one of the siblings was murdered several years earlier by her son, the decedent’s nephew.  Under the intestacy statute the nephew would take his mother’s share, but my reading of the Slayer Statute (RCW 11.84) is that the nephew is barred from inheriting because of the prohibition on his profiting from his crime.

The statute focuses on a slayer or abuser inheriting directly from the decedent they killed or abused, and all the case law I have found is based on such facts.  Is a slayer also barred from inheriting from a third party by reason of his crime?  That is my interpretation of RCW 11.84.030, but I would appreciate any advice or input the group can offer.

Thanks in advance,
Sara Longley


Sara D. Longley
Senior Attorney
Ivy Law Group, PLLC
1734 NW Market Street
Seattle, WA 98107
Phone: (206) 706-2909
sara at ivylawgroup.com<mailto:sara at ivylawgroup.com>
Pronouns: she, her, hers

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