Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for advice on your situation.
Detailed Answer
Under Mississippi law, a person who feloniously and intentionally kills a decedent cannot inherit property from the victim’s estate. This rule, known as the slayer statute, appears in Miss. Code Ann. § 91-7-233. The statute states that any interest the killer would have received “is hereby wholly divested and shall pass as though the killer had predeceased the decedent.” Miss. Code Ann. § 91-7-233.
Here is how it works:
- If an heir or beneficiary is convicted of intentionally killing the decedent, courts treat that person as if they died before the decedent. They lose any right to share in the estate.
- The disqualified share passes to the next eligible heir under Mississippi’s intestacy rules. For a will beneficiary, the share either goes back to the residue of the estate or to alternate beneficiaries named in the will.
- Even without a criminal conviction, a probate court may remove an heir’s inheritance if it finds by clear and convincing evidence that the heir caused the decedent’s death. This is rare and varies by county practice.
- The slayer statute applies to inheritances under intestate succession, wills, trusts, joint tenancy, life insurance beneficiary designations, and other death benefits arising from the decedent’s death.
For example, imagine Alice names her brother, Bob, as the sole heir in her will. If Bob is convicted of intentionally killing Alice, Miss. Code Ann. § 91-7-233 disqualifies him. The court treats Bob as if he died first, and the inheritance passes to Alice’s next named beneficiary or to her residuary heirs. If no beneficiaries remain, her estate passes according to intestacy rules.
Helpful Hints
- Confirm whether the alleged killer has a criminal conviction for murder or manslaughter.
- Check the will or trust for alternate beneficiaries or residuary clauses.
- Understand how Mississippi’s intestacy laws distribute property if no valid will exists. See Miss. Code Ann. § 91-1-11 et seq.
- Gather evidence if you challenge an heir’s inheritance without a conviction—this may involve affidavits, police reports, and medical records.
- Speak with a probate attorney promptly. Strict deadlines and procedural rules apply in estate administration.