Seattle1
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SM'S Siblings as "Victims." Only if Beneficiaries of SM's Estate?
@CGray123 Respectfully,imo SM's siblings are included as both "victims" and/or "victim's immediate family" regardless of whether the sib's receive any gifts thru SM's will (or whether they are named as personal rep, administrator, executor etc.).
* 24-4.1-302. Definitions.
(5) "Victim" means any natural person against whom any crime has been perpetrated or attempted, unless the person is accountable for the crime or a crime arising from the same conduct, or plan as crime is defined under the laws of this state or of the United States, or, if such person is deceased or incapacitated, the person's spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or other lawful representative...."
Per this ^ def,
SM's dau's are included.
SM's siblings are also included, by virtue of their family relationship w SM.
If, hypo only, SM's brother AM, is named as SM's personal representative of her estate/will, then AM, would be included.
(6) "Victim's immediate family" means the spouse, any child by birth or adoption, any stepchild, the parent, the stepparent, a sibling, a legal guardian, significant other, or a lawful representative of the victim.
Per this ^ def,
SM's dau's are included.
SM's siblings are also included, by virtue of their family relationship w SM.
If, hypo only, SM's brother AM, is named as SM's personal representative of her estate/will, then AM, would be included.
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OP post says ---VRA includes "other personal representative." bbm
Both statutory def's refer to "lawful representative." bbm
If the purpose of the Victim Rights Act (VRA) is to ensure that crime victims are treated with fairness, respect, dignity and that they are free from intimidation, harassment, and abuse; also helps to ensure that victims are informed of critical stages of the criminal justice process and that they may be present for, and heard, at certain stages as well; don't you think it a stretch that the intent of the general assembly was to include the beneficiaries [of an estate including SM] via the personal representative, appointed by the probate court? For example, any one of us could be named beneficiaries of SM's estate.
I believe the general assembly's intent of including "other lawful representative" was primarily to include the individual representing the deceased victim's minor children that the statute specifically defines as incapacitated persons for the purpose of applying the VRA.
I personally find it confusing trying to include anything other than an individual in the Victim Rights Act. MOO