${site.data.firmName}${SEMFirmNameAlt}
Local
310-324-9403
Toll-Free
866-402-1805
<#if page.ID == "About"> In This Section
<#else> View Our Practice Areas

Abusive Heirs? It Can Happen

In a recent case out of Washington State, the Court of Appeals held that the state's anti-lapse statute applies to constructive death of beneficiary.

A recent Wills, Trusts & Estates Prof Blog, titled "New Case: In re Estate of Evans," reported on the Washington State Court of Appeals decision regarding the case of In re Estate of Evans. In the Evans case, the deceased's child had financially abused the deceased. Under Washington law anyone who financially abuses a "vulnerable adult" cannot inherit under that person's will. Many states have similar laws. What makes this case interesting is that the court applied Washington's anti-lapse statute to determine who inherited the abuser's share of the estate.

In the context of estate law, an anti-lapse statute provides that if someone is left something in a will and predeceases the person who made the will, then the inheritance passes to the descendants of the person to whom the will left the property. In the Evanscase, the abuser's children received the inheritance. In effect, the court interpreted the will as if the abuser had passed away before the abused.

An important point for everyone to take away from this is the existence of the anti-lapse statute. If your will leaves something to someone who has passed away, then you need to think about whether you want that person's descendants to receive the inheritance. Unless your will explicitly states otherwise, then they will. If that is not your desire, then you should have a new will drawn up. In reality, in the event one of your beneficiaries predeceases you, then you ought to consider drafting a new will just to clear up potential future confusion.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Find Out The Difference That Experience And Expertise Makes

Get the peace of mind that you deserve. First, attend a seminar. This will entitle you to a free initial consultation and a discounted estate planning fee. To learn more about our services or sign up for a seminar, contact us online or call us at 866-402-1805. We have offices in Torrance, Orange, Newport Beach, Pasadena and Woodland Hills.

Questions? Contact Us.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Call Now For A Free Consultation: 866-402-1805
  • ${site.data.firmName}${SEMFirmNameAlt}
  • Main Office: Torrance

    Torrance Office
    990 West 190th Street
    Suite 500
    Torrance, CA 90502

    Toll Free: 866-402-1805
    Map & Directions

    Orange Office
    333 City Boulevard Street
    17th Floor
    Orange, CA 92660

    Toll Free: 866-402-1805
    Map & Directions

    Newport Beach Office
    5000 Birch Street
    Suite 8000
    Newport Beach, CA 92660

    Toll Free: 866-402-1805
    Map & Directions

    Pasadena Office
    790 East Colorado Boulevard
    9th Floor
    Pasadena, CA 91101

    Toll Free: 866-402-1805
    Map & Directions

    Woodland Hills Office
    5850 Canoga Avenue
    4th Floor
    Woodland Hills, CA 91367

    Toll Free: 866-402-1805
    Map & Directions

    Office map