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

[jbdolan at jbdolan.com]

Hello Ms. Boxx:

 

I respectfully disagree, unless there is some case law out there that contradicts my opinion. IMHO, if the nephew is an intestate heir because he murdered his parent/decedent’s sibling, I believe 11.84.900 applies, or at least I would try to make it so.

 

Jim Dolan 

 

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

 

Jones Butler Dolan, PS

 <http://www.jbdolan.com> www.jbdolan.com

 <http://www.jonesbutlerdolan.com> www.jonesbutlerdolan.com

 

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 <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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