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Inheritance & Homicide

 

Inheritance & Homicide
 

If a person murders a relative, is he/she entitled to receive any of the victim's property? In most cases, the answer would be "no." Usually, a convicted killer cannot inherit a victim's property, even if he/she is a rightful heir or a named beneficiary.

Required Characteristics
To lose all rights to the dead relative's property, the criminal court will need to find that a killer:

  • Intentionally murdered the person
  • Was legally sane at the time of the murder

Even if a person is not convicted of murder in criminal court, he/she may lose rights to the dead person's property if the probate court finds that he/she is responsible for the person's death.

Forfeited Rights
Once the above are established, then the killer is perceived as having "predeceased" the murdered person. This means that any rights the killer once had to the decedent's estate are passed to whoever is next in line to inherit or manage the estate (as if the killer never existed as an heir).

The killer will therefore lose all rights to the following:

  • Separate, joint, or quasi-community property
  • Bond or life insurance benefits
  • Any nomination as executor, trustee, guardian, or conservator in the decedent's will or trust

Other Forfeiture
If the killer pleads guilty to involuntary manslaughter (instead of being found guilty of murder), he/she may not be viewed as being innocent and may still lose all rights to the decendent's property.

 

 

 

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