Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance.
Detailed Answer
Under Maine law, the slayer statute (18-A M.R.S. § 2-803) https://www.mainelegislature.org/legis/statutes/18-A/title18-Ach2sec2-803.html disqualifies any person who feloniously and intentionally kills a decedent from inheriting from that decedent’s estate. The court treats the slayer as having predeceased the victim. This disqualification applies equally to intestate succession, wills, trusts, beneficiary designations, and appointments as personal representative.
Key effects of disqualification under Maine’s slayer rule:
- Intestate Succession: If an heir is disqualified, their share passes to the next eligible heir as if the disqualified person had already died. Maine’s intestacy scheme in 18-A M.R.S. §§ 2-101 to 2-104 then determines the new distribution.
- Wills and Trusts: Gifts to a disqualified beneficiary are treated as lapsed. Unless the will or trust specifies an alternate beneficiary, the gift falls into residue or follows anti-lapse provisions.
- Personal Representative: A slayer cannot serve as executor or personal representative. The court will appoint an alternate fiduciary under 18-A M.R.S. § 3-201.
- Void Transfers: Any property the slayer already received by intestacy or will is subject to recovery by the estate for distribution according to law.
By enforcing the slayer statute, Maine protects the integrity of its probate system and prevents wrongdoers from benefiting from their crimes.
Helpful Hints
- “Feloniously and intentionally” means a willful, unlawful killing. Manslaughter or negligent homicide may not trigger disqualification unless the killing meets the felony-intent standard.
- Even if criminal charges are dropped, a civil probate court can still enforce disqualification based on clear and convincing evidence.
- Review 18-A M.R.S. § 2-803 closely if you face a potential slayer claim.
- If a disqualified heir has descendants, the descendants may inherit in their ancestor’s place under Maine’s per stirpes rules.
- Check the residuary clause in your will to see how lapsed gifts are handled.
- Appoint or nominate alternate executors in your estate plan to avoid delays.
- Consult a probate attorney promptly if you suspect disqualification issues in an estate.
- Keep thorough evidence of cause of death and the heir’s involvement to streamline probate challenges.