Inheritance By Slayers And Financial Abusers Is Illegal in Washington State

The state of Washington has long had a policy that no person will be allowed to profit by their own wrong, wherever that wrong is committed.  One area in which that policy has been expressed is inheritance rights.  For many years, Washington has had a “slayer statute”, RCW Chapter 11.84.  The statute provided that no slayer “shall in any way acquire any property or receive any benefit as the result of the death of the decedent….”  Slayer was defined to mean any person who participates in the “willful and unlawful killing of any other person.”  Consequently, the statute does not apply in all cases where one person’s actions or inaction result in the death of another person.  The statute applies whether the deceased person died testate (with a will) or intestate (without a will) and provides that the property which would have passed to or for the benefit of the slayer will be distributed as if the slayer died before the deceased person.

A few years ago, the statute was expanded to provide the same treatment to any person who participates in the willful and unlawful financial exploitation of a vulnerable adult.  “Financial exploitation” is broadly defined to mean “the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of the vulnerable adult by any person or entity for any person’s or entity’s profit or advantage other than for the vulnerable adult’s profit or advantage.”  “Vulnerable adult” is also specifically defined by statute.  Consequently, the statute does not apply in all cases where there has been illegal or improper use, control over, or withholding of property, income, resources, or trust funds of another individual.

Edmonds Washington Law Firm Beresford Booth assists its clients with a variety of legal issues including Estate Planning & Probate matters.  Please contact one of the Washington State Estate Planning and Probate Lawyers at Beresford Booth for assistance.

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