Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance.
Detailed Answer
Under Missouri law, the slayer statute appears at RSMo § 474.040. It provides that anyone who feloniously and intentionally kills a decedent is treated as if they predeceased that person. As a result, the killer automatically forfeits any right to inherit from the decedent’s estate, whether under a will or through Missouri’s intestacy rules.
For example, suppose an heir named John intentionally causes the death of his parent, Mary. In probate court, a petitioner must prove John’s act was both felonious and intentional. Once established, the court bars John from taking any share that Mary’s will or intestacy would otherwise grant him. Instead, the estate distributes Mary’s assets among the next eligible heirs, such as her other children, grandchildren, or siblings, under Missouri’s intestate succession statutes (RSMo § 474.020).
The slayer statute also applies if the killer stands to benefit through a trust or life insurance beneficiary designation. Missouri courts extend the same forfeiture rules to any transfer on death. The court effectively strikes the slayer’s name from all documents that convey property at death and looks to alternate beneficiaries.
Key steps in applying the slayer statute include filing a petition in the probate division of the circuit court, submitting evidence like a criminal conviction or findings in a wrongful‐death suit, and requesting an order declaring the killer disqualified. Once the order issues, the court administers the estate as though the disqualified heir had already died.
Helpful Hints
- Gather criminal and civil court records to show intent and felonious conduct.
- File a formal petition in the probate division soon after learning of the slayer claim.
- Identify all potential alternate heirs under RSMo § 474.010–.030 to ensure proper distribution.
- Consider how the statute affects trusts, beneficiary designations, and joint tenancy assets.
- Work with an estate or probate attorney to navigate hearings, evidence rules, and appeals.