Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Saturday, August 29, 2009

Slayers: Verdict of Not Guilty by Reason of Insanity Does Not Prevent Forfeiture

Washington In re Estate of Kissinger, 206 P.3d 665 (Wash. 2009): Charged with first degree murder for the slaying of his mother, step-brother, and his mother’s boyfriend, the defendant in In re Estate of Kissinger was found not guilty by reason of insanity.  The mother’s estate received a wrongful death recovery and began a proceeding to determine statutory beneficiaries and argued that defendant was a “slayer” under Washington’s slayer statute.  In In re Estate of Kissinger, a case of first impression, the Supreme Court of Washington held that the defendant was disqualified under the statute which applies to anyone participating in a “wilful and unlawful” killing.  The standard to be used is civil not criminal; “wilful” therefore is to be taken in its everyday meaning and the verdict of not guilty by reason of insanity did not make an unlawful killing lawful.

https://lawprofessors.typepad.com/trusts_estates_prof/2009/08/slayers-verdict-of-not-guilty-by-reason-of-insanity-does-not-prevent-forfeiture-.html

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