S-3899.1 _______________________________________________
SENATE BILL 6275
_______________________________________________
State of Washington 55th Legislature 1998 Regular Session
By Senators Bauer, Benton, Oke and Schow
Read first time 01/14/98. Referred to Committee on Law & Justice.
AN ACT Relating to slayers; amending RCW 11.84.020, 11.84.030, 11.84.040, 11.84.050, 11.84.060, 11.84.070, 11.84.900, 11.02.070, and 26.16.120; adding a new section to chapter 11.84 RCW; adding a new section to chapter 41.04 RCW; creating new sections; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 11.84.020 and 1965 c 145 s 11.84.020 are each amended to read as follows:
No slayer shall in any way acquire any property or receive any benefit as the result of the death of the decedent, but such property shall pass as provided in the sections following. "Acquire any property or receive any benefit" includes but is not limited to acquiring an immediate possessory interest in the slayer's or decedent's share of community or jointly owned property of the decedent's and slayer's, whether vested or not.
Sec. 2. RCW 11.84.030 and 1965 c 145 s 11.84.030 are each amended to read as follows:
The
slayer shall be deemed to have predeceased the decedent as to the slayer's
and decedent's shares of community property, jointly owned property, and
property which would have passed from the decedent or his or her estate
to the slayer under the statutes of descent and distribution or have been
acquired by statutory right as surviving spouse or under any agreement made
with the decedent under the provisions of RCW 26.16.120 ((as it now exists
or is hereafter amended)). The slayer shall be divested of the slayer's
property interest, whether vested or not, in the slayer's and decedent's
community or jointly held property.
Sec. 3. RCW 11.84.040 and 1965 c 145 s 11.84.040 are each amended to read as follows:
Community property, jointly owned property, and property which would have passed to or for the benefit of the slayer by devise or legacy from the decedent shall be distributed as if he or she had predeceased the decedent.
Sec. 4. RCW 11.84.050 and 1965 c 145 s 11.84.050 are each amended to read as follows:
(1)
((One-half of)) Any property held by the slayer and the decedent
as joint tenants, joint owners or joint obligees shall pass upon the death of
the decedent to his or her estate((, and the other half shall pass to
his estate upon the death of the slayer, unless the slayer obtains a separation
or severance of the property or a decree granting partition)).
(2)
As to property held jointly by three or more persons, including the slayer and
the decedent, any enrichment which would have accrued to the slayer as a result
of the death of the decedent shall pass to the estate of the decedent. If the
slayer becomes the final survivor, ((one-half of)) the property shall
immediately pass to the estate of the decedent ((and the other half shall
pass to his estate upon the death of the slayer, unless the slayer obtains a
separation or severance of the property or a decree granting partition)).
(3) The provisions of this section shall not affect any enforceable agreement between the parties or any trust arising because a greater proportion of the property has been contributed by one party than by the other.
Sec. 5. RCW 11.84.060 and 1965 c 145 s 11.84.060 are each amended to read as follows:
Property
in which the slayer holds a reversion or vested remainder and would have
obtained the right of present possession upon the death of the decedent shall
pass to the estate of the decedent ((during the period of the life
expectancy of decedent; if he held the particular estate or if the particular
estate is held by a third person it shall remain in his hands for such period)).
Sec. 6. RCW 11.84.070 and 1965 c 145 s 11.84.070 are each amended to read as follows:
Any
interest in property whether vested or not, held by the slayer, subject to be
divested, diminished in any way or extinguished, if the decedent survives him or
her or lives to a certain age, shall be ((held by the slayer during his
lifetime or until the decedent would have reached such age, but)) divested
as if the decedent survived the slayer or lived to the certain age and then
shall ((then)) pass as if the decedent had died immediately thereafter.
Sec. 7. RCW 11.84.900 and 1965 c 145 s 11.84.900 are each amended to read as follows:
This
chapter shall ((not be considered penal in nature, but shall)) be
construed broadly ((in order)) to effect the policy of this state that
no person shall be allowed to profit by his or her own wrong, wherever
committed.
NEW SECTION. Sec. 8. A new section is added to chapter 11.84 RCW to read as follows:
Proceeds payable to a slayer as the beneficiary of any benefits flowing from one of the retirement systems listed in RCW 41.50.030, by virtue of the decedent's membership in the department of retirement systems or by virtue of the death of decedent, shall be paid instead as designated in section 11 of this act.
Sec. 9. RCW 11.02.070 and 1967 c 168 s 1 are each amended to read as follows:
Except as provided in chapter 11.84 RCW, upon the death of a decedent, a one-half share of the community property shall be confirmed to the surviving spouse, and the other one-half share shall be subject to testamentary disposition by the decedent, or shall descend as provided in chapter 11.04 RCW. The whole of the community property shall be subject to probate administration for all purposes of this title, including the payment of obligations and debts of the community, the award in lieu of homestead, the allowance for family support, and any other matter for which the community property would be responsible or liable if the decedent were living.
Sec. 10. RCW 26.16.120 and Code 1881 s 2416 are each amended to read as follows:
Nothing
contained in any of the provisions of this chapter or in any law of this state,
shall prevent the husband and wife from jointly entering into any agreement
concerning the status or disposition of the whole or any portion of the
community property, then owned by them or afterwards to be acquired, to take
effect upon the death of either. But such agreement may be made at any time by
the husband and wife by the execution of an instrument in writing under their
hands and seals, and to be witnessed, acknowledged and certified in the same
manner as deeds to real estate are required to be, under the laws of the state,
and the same may at any time thereafter be altered or amended in the same
manner((: PROVIDED, HOWEVER, That)). Such agreement shall not
derogate from the right of creditors((,)); nor be construed to
curtail the powers of the superior court to set aside or cancel such agreement
for fraud or under some other recognized head of equity jurisdiction, at the
suit of either party; nor prevent the application of laws governing the
community property and inheritance rights of slayers under chapter 11.84 RCW.
NEW SECTION. Sec. 11. A new section is added to chapter 41.04 RCW to read as follows:
(1) For purposes of this section, the following definitions shall apply:
(a) "Slayer" means a slayer as defined in RCW 11.84.010.
(b) "Decedent" means any person whose life is taken by a slayer, and who is a member of, or entitled to benefits from, the Washington state department of retirement systems by written designation or by operation of law.
(2) Property that would have passed to or for the benefit of a beneficiary under one of the retirement systems listed in RCW 41.50.030, including the beneficiary's community property share of the property, shall not pass to that beneficiary if the beneficiary is a slayer and shall be distributed as if the slayer had predeceased the decedent.
(3) A slayer is deemed to have predeceased the decedent as to property which, by designation or by operation of law, would have passed from the decedent to the slayer because of the decedent's membership in, or entitlement to benefits under, one of the retirement systems listed in RCW 41.50.030.
(4)(a) The department of retirement systems has no affirmative duty to determine whether a beneficiary is, or is alleged to be, a slayer. However, upon receipt of written notice that a beneficiary is a defendant in a civil lawsuit that alleges the beneficiary is a slayer or is charged with a crime that, if committed, means the beneficiary is a slayer, the department of retirement systems shall determine whether the beneficiary is a defendant in such a civil suit or has been formally charged in court with the crime. If so, the department shall withhold payment of any benefits until:
(i) The case or charges are dismissed;
(ii) The beneficiary is found not guilty in the criminal case or prevails in the civil suit; or
(iii) The beneficiary is convicted or is found to be a slayer in the civil suit.
(b) If the case or charges are dismissed or if a beneficiary is found not guilty or prevails in the civil suit, the department shall pay the beneficiary the benefits the beneficiary is entitled to receive. If the beneficiary is convicted or found to be a slayer in a civil suit, the department shall distribute the benefits according to subsection (2) of this section.
(5) The slayer's conviction for having participated in the willful and unlawful killing of the decedent shall be admissible in evidence against a claimant of property in any civil action arising under this section.
(6) This section shall not subject the department of retirement systems to liability for payment made to a slayer or alleged slayer prior to the department's receipt of written notice that the slayer has been convicted of, or the alleged slayer has been formally criminally or civilly charged in court with, the death of the decedent. If the conviction or civil judgment of a slayer is reversed on appeal, the department of retirement systems shall not be liable for payment made prior to the receipt of written notice of the reversal to a beneficiary other than the person whose conviction or civil judgment is reversed.
NEW SECTION. Sec. 12. This act applies to acts that result in unlawful killings of decedents by slayers on and after the effective date of this act.
NEW SECTION. Sec. 13. If any part of this act is found to be in conflict with federal requirements, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination does not affect the operation of the remainder of this act. Rules adopted under this act must meet federal requirements.
NEW SECTION. Sec. 14. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
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