ESTATE OF KISSINGER v. HOGE

No. 58932-6-I.

173 P.3d 956 (2007)

In re the ESTATE OF Pamela L. KISSINGER; Leonard Hoss, Personal Representative, Respondent, v. Joshua HOGE, Appellant.

Court of Appeals of Washington, Division 1.

December 3, 2007.


Attorney(s) appearing for the Case

Jean Ann O'loughlin, Attorney at Law, Tacoma, WA, for Appellant.

Mark Leemon, Leemon & Royer PLLC, Seattle, WA, for Respondent.


GROSSE, J.

¶ 1 Our state's slayer statute has been interpreted to not prevent a non-willful slayer from inheriting. However, a slayer found not guilty by reason of insanity does not, ipso facto, act in a non-willful manner. Under the slayer statute a slayer must act with intent and design. In contrast, the insanity defense encompasses acts in which the slayer can intentionally kill without necessarily understanding the...

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