Wash. Rev. Code § 11.84.170
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Notwithstanding the provisions of this chapter:
(1) An abuser is entitled to acquire or receive an interest in property or any other benefit described in this chapter if the court determines by clear, cogent, and convincing evidence that the decedent:
(a) Knew of the financial exploitation; and
(b) Subsequently ratified his or her intent to transfer the property interest or benefit to that person.
(2) The court may consider the record of proceedings and in its discretion allow an abuser to acquire or receive an interest in property or any other benefit described in this chapter in any manner the court deems equitable. In determining what is equitable, the court may consider, among other things:
(a) The various elements of the decedent's dispositive scheme;
(b) The decedent's likely intent given the totality of the circumstances; and
(c) The degree of harm resulting from the abuser's financial exploitation of the decedent.
[ 2009 c 525 s 17.]
Notes of Decisions
Cited in 5
cases, 2013–2015 · leading case: Eaden v. Estate of Evans
Eaden v. Estate of Evans (2014)
“The abuser is cut off from any direct benefit or inheritance, except as provided in RCW 11.84.170(2). Therefore, as Fellows argues, any incidental *448 benefit to the abuser does not warrant denying benefits to the abuser’s innocent heirs.”
In re the Estate of Haviland (2013)
“RCW 11.84.170(l)(a)-(b). Whether or not the abused person ratified an intent to bequeath the estate is not final until the person dies since, under most circumstances, the decedent can change the disposition of the estate up until the time of death.”
Estate Of Calvin H. Evans, Sr., App. v. Sharon Eaden, Vicki Sansing, Res. (2014)
“Hawley, Probate 3 Except, RCW 11.84.170(2) gives trial courts discretion to allow an abuser, but not a slayer, "to acquire or receive an interest in property or any other benefit described in this chapter in any manner the court deems equitable.”
In The Matter Of The Estate Of: Calvin H. Evans, Sr. (2015)
“He also claims the trial court failed to consider his contributions and improvements to his father's property and failed to apply RCW 11.84.170 which allows a financial abuser to inherit the property of the abused person under certain circumstances.”
In re Estate of Haviland (2013)
“4 It is also consistent with RCW 11.84.170, which provides that abusers are entitled to inherit if the abused person "[k]new of the financial exploitation; and .”
— Wash. Rev. Code § 11.84.170(2) — 3 cases
Eaden v. Estate of Evans (2014)
“The abuser is cut off from any direct benefit or inheritance, except as provided in RCW 11.84.170(2). Therefore, as Fellows argues, any incidental *448 benefit to the abuser does not warrant denying benefits to the abuser’s innocent heirs.”
Estate Of Calvin H. Evans, Sr., App. v. Sharon Eaden, Vicki Sansing, Res. (2014)
“Hawley, Probate 3 Except, RCW 11.84.170(2) gives trial courts discretion to allow an abuser, but not a slayer, "to acquire or receive an interest in property or any other benefit described in this chapter in any manner the court deems equitable.”
In The Matter Of The Estate Of: Calvin H. Evans, Sr. (2015)
“He also claims the trial court failed to consider his contributions and improvements to his father's property and failed to apply RCW 11.84.170 which allows a financial abuser to inherit the property of the abused person under certain circumstances.”
— Wash. Rev. Code § 11.84.170(l)(a) — 1 case
In re the Estate of Haviland (2013)
“RCW 11.84.170(l)(a)-(b). Whether or not the abused person ratified an intent to bequeath the estate is not final until the person dies since, under most circumstances, the decedent can change the disposition of the estate up until the time of death.”
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