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Detailed Answer: Effect of Ohio’s Slayer Statute on Inheritance
Under Ohio law, a person who intentionally kills a decedent cannot inherit from that person’s estate. Ohio Revised Code §2105.19, known as the slayer statute, states that a “slayer” may not receive any benefits, gifts, or inheritances from the estate of the person they harmed. If a court finds that an heir committed murder or voluntary manslaughter against the decedent, the heir is treated as if they predeceased the decedent.
Key steps under Ohio’s slayer statute:
- Establishing fault: Courts consider both criminal convictions and civil findings. A murder conviction offers clear proof, but a probate court may also apply a preponderance of evidence standard to determine if voluntary manslaughter occurred.
- Voidance of gifts and inheritances: Any testamentary gift, beneficiary designation, or intestate share that an heir would have received becomes void under R.C. §2105.19.
- Distribution of the slayer’s share: Ohio Revised Code §2105.21 provides that the slayer’s share is distributed as though the slayer died before the decedent. For intestate estates, the property passes to the next eligible relatives. For wills, the gift lapses or passes under the residuary clause.
For example, if an heir convicted of voluntary manslaughter stood to inherit $100,000 and had no alternate beneficiaries, that amount would pass to the decedent’s grandchildren or siblings under Ohio’s intestacy rules.
Helpful Hints for Managing Slayer Statute Issues
- Collect all relevant court and criminal records to support or refute a slayer statute claim.
- Consult a probate attorney early to raise or defend against a slayer statute issue.
- Understand that probate courts may apply a lower standard of proof than criminal courts.
- Review the decedent’s estate plan, including wills and beneficiary designations, to identify potential voided gifts.
- Include contingent beneficiaries when drafting estate documents to avoid unintended distributions.