Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your particular situation.
Detailed Answer
Under Nevada’s slayer statute (NRS 134.015), a person who feloniously and intentionally kills another cannot inherit from the victim’s estate. The law applies to both testate and intestate estates. It prevents the killer from receiving any property, money, or interests that would pass through probate. See NRS 134.015.
Effect on Intestate Succession: When no valid will exists, the killer is treated as if they died before the victim. Their share redistributes to the next heirs under NRS 134.040. For example, if a child kills a parent, that child’s portion passes to the child’s own descendants or to the decedent’s surviving siblings.
Effect on Testate Succession: If the victim left a will, any gift to the killer fails. The probate court redistributes the gift as if the killer disclaimed it—either to alternate beneficiaries named in the will or under default intestate rules.
Burden of Proof and Procedure: A beneficiary or personal representative can petition the probate court to apply the slayer statute. The court reviews evidence to determine whether the killing was felonious and intentional. A criminal conviction for murder or manslaughter often creates a conclusive presumption of intent.
Helpful Hints
- Know the trigger: Nevada law requires an intentional, felonious killing to disqualify an heir.
- Review timing: Courts focus on the killer’s state of mind at the time of death.
- Criminal records matter: A murder conviction significantly supports a slayer petition.
- Act early: Interested parties should file a petition promptly in probate to avoid delays.
- Consider planning: Trusts, no-contest clauses, or alternate beneficiary designations can limit disputes over slayer claims.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.