Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Detailed Answer
Under Massachusetts law, the “slayer statute” prevents anyone who unlawfully and intentionally kills a decedent from inheriting from that person’s estate. Massachusetts codified this rule in M.G.L. c.190B, § 2-803. According to this statute, a person who feloniously and intentionally causes the death of the decedent is deemed to have predeceased the decedent for purposes of both testate (will) and intestate (no will) succession.
As a result, the killer loses any right to receive property under the decedent’s will or inherit by intestacy. The disclaimed share then passes as though the slayer had died before the decedent. For example, if a child kills a parent and the parent’s will left an equal share to each child, the slayer’s portion is redistributed among the remaining beneficiaries or their descendants per stirpes.
Massachusetts courts interpret “felonious and intentional” to exclude killings deemed justifiable (such as self-defense). A criminal conviction for murder conclusively triggers the bar. An acquittal does not automatically restore inheritance rights—estate representatives may still seek a civil court ruling that the heir is barred under the slayer statute.
Helpful Hints
- Only intentional and unlawful killings activate the slayer statute.
- The slayer is treated as if they died before the decedent for inheritance purposes.
- Excluded heirs’ shares pass to other beneficiaries or their descendants per stirpes.
- The rule applies to both wills and intestate estates.
- A criminal acquittal does not prevent a civil court from applying the slayer statute.
- Consult a probate attorney promptly if an inheritance dispute involves allegations of foul play.