Can I sue neighbor over name-calling?

Q: My neighbor called me a lot of dirty names. Can I sue him for slander?

- E.E. in Burien

A: We talked to William B. Knowles, a Seattle attorney whose practice includes personal injury cases. He said you should carefully consider the wisdom of suing a neighbor, especially in an area of law where proving your case is difficult. Under Washington law, you must prove several essential elements: (1) a false and defamatory statement, (2) about you, (3) learned or heard by a third person, (4) that is unprivileged, (5) made negligently, recklessly, or with malicious intent and (6) that causes damages. Proof is required on each issue or you will lose.

Generally, defamatory language is language that affects your reputation because of an insult to your honesty, character, virtue or sanity. The statement must also be false. Statements of opinion, e.g. that you are "ugly," have been held not defamatory. If the neighbor has made a comment but not said it was about you, you must prove that a reasonable person would think you were the target.

Statements heard only by you cannot be the basis for a slander claim. Statements such as those made in a court proceeding or between spouses are absolutely privileged. Statements in the course of an official investigation or public proceeding may be privileged.

Proving negligence on the part of your neighbor may be sufficient unless the matter is of public interest, and then you may be required to prove actual malice. You must have proof of economic damages.

Defamation suits are complex and difficult to prove. Review your situation carefully. If you fear for your safety, report the incidents to the police.

Q: My sister got all the property through our grandmother's will. Why can't I find an attorney to take my side in the probate?

- J.S. in Seattle

A: Emily R. Hansen, a Seattle attorney whose practice includes probate, provided this information.

You may be having trouble finding an attorney because your grandmother had no obligation to leave you anything. Assuming she was mentally competent and not subject to undue influence when she signed her will, it was her right to leave her property to whomever she chose. It can include relatives or non-relatives; some relatives and not others.

You may have failed to act in time. Once a will has been submitted to probate, interested persons can challenge the decedent's competence or exercise of free will. A contest must be filed within four months of the will's filing. The person contesting the validity must substantiate the challenge with evidence, often a physician's testimony, that the decedent was unaware of the "objects of her bounty" or otherwise subject to "undue influence" or fraudulent representations by the person inducing her to sign the will.

Attorneys you have consulted most likely determined that a will contest would be unsuccessful.

Joan Andersen is director of lawyer referral for King County Bar Association. Answers intended for general information, not to take the place of advice of your own attorney. Send questions to Ask the Lawyers, c/o The Seattle Times, P.O. Box 1845, Seattle, WA 98111, or e-mail to lrs@kcba.org.