Detailed Answer
Under Montana law, the slayer statute prevents anyone who unlawfully and feloniously causes a decedent’s death from inheriting from that person’s estate. This rule appears in Mont. Code Ann. § 72-2-121, which states that a person convicted of homicide or civilly found responsible by clear and convincing evidence forfeits any benefit from the decedent’s estate.
When an heir is disqualified under this statute, the court treats the heir as if they predeceased the decedent. The disinherited heir’s share then passes to other beneficiaries under Montana’s intestacy laws or under the terms of the decedent’s will. For instance, if an only child intentionally kills a parent, that child receives nothing, and the estate moves to alternate heirs.
Key Elements of Montana’s Slayer Statute
- Criminal conviction: A final conviction for murder or manslaughter automatically bars inheritance.
- Civil finding: Even without a criminal conviction, a civil court may disinherit an heir based on clear and convincing evidence of unlawful killing.
- Constructive death: Disqualified heirs are treated as having died before the decedent, redirecting their share to the next in line.
Effect on Estate Distribution
When an heir is disqualified, the estate distributes under Montana’s intestacy statutes (Mont. Code Ann. § 72-2-102 et seq.) or according to alternate provisions in the will. The slayer’s portion passes to substitute beneficiaries as though the slayer had never survived the decedent.
Hypothetical Scenario
Mary dies intestate survived by her son Paul and granddaughter Emma (Paul’s daughter). If Paul intentionally kills Mary, Paul is disqualified under the slayer statute. Emma then inherits Mary’s estate under per stirpes distribution.
Helpful Hints
- Slayer statutes uphold public policy by ensuring killers don’t benefit from their crimes.
- Request criminal records or civil judgments to confirm any disqualifying findings.
- Review local probate court procedures if you suspect an heir may be disqualified.
- Include alternate beneficiaries in wills to address potential slayer situations.
- Consult a Montana attorney to navigate contested probate or slayer claims.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a licensed attorney in Montana.