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

[James W. Spencer]

Greetings All:

I agree with Mr. Dolan (also not having researched whether there is any case law on point). See In re Estate of Garwood: “We avoid, however, unlikely, strained, or absurd consequences which can result from a literal reading. Alderwood Water Dist. v. Pope Talbot, Inc., 62 Wn.2d 319, 321, 382 P.2d 639 (1963). 109 Wash. App. 811 at 814-815. This sounds like a strained or absurd consequence to me.

Particularly in the context of RCW 11.84.900, “This chapter shall be construed broadly to effect the policy of this state that no person shall be allowed to profit by his or her own wrong, wherever committed.”, I believe that taking such a position “is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law or the establishment of new law” as anticipated by CR 11.

My $.02.

Best wishes,
James

James W. Spencer (he/him)
Attorney at Law
Brothers & Henderson, P.S.
936 N 34th St, Suite 200
Seattle, Washington 98103
Phone: (206) 324-4300 x106
Fax: (206) 324-3106
e-mail:  jamess at brothershenderson.com<mailto:jamess at brothershenderson.com>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of jbdolan at jbdolan.com
Sent: Wednesday, April 20, 2022 3:11 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Slayer statute application to inheritance from third party?

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

Stanwood

P.O. Box 458
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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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