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

[Inge Fordham]

For what it’s worth, I also agree.  The bequest is part of the deceased sibling’s estate, which would (but for the slayer statute) be passed to the nephew.  I believe 11.84.900 applies.  If in doubt, for added protection, you could file a motion seeking court approval for the proposed distribution.

[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent.  This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient.  If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it.  If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.

From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Bryce Dille <Bryce at dillelaw.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Wednesday, April 20, 2022 at 3:28 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Slayer statute application to inheritance from third party?

I would agree the slayer nephew would not have inherited but for his deed he can’t profit from it

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

[R_Alan_Swanson-WH-200]
** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

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
10027 - 269th Place NW (SR 532)
Stanwood, WA 98292
Telephone: 360-629-3833
Facsimile: 360-629-6253



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

[image001.jpg]

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220420/f2df81b6/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 358107 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220420/f2df81b6/image001-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 8652 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220420/f2df81b6/image002-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 3153 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220420/f2df81b6/image003-0001.jpg>