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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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