Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Oklahoma law, an heir who feloniously and intentionally kills the decedent is barred from inheriting the decedent’s estate. This rule appears in 84 O.S. § 213. Courts apply this doctrine—commonly called the “slayer rule”—to prevent individuals from profiting from their wrongdoing.
Scope of the Slayer Rule
The statute covers any heir, beneficiary, or recipient of a will or trust who causes the decedent’s death. A felony conviction for murder or manslaughter serves as conclusive proof. Even without a conviction, a probate court may exclude the heir upon clear and convincing evidence.
Effect on Distribution
If a court bars an heir, the law treats them as if they predeceased the decedent. For example, if Sarah, an heir, kills her father, Sarah’s share passes to her children under per stirpes distribution rules in 84 O.S. § 213.
Key Steps in Probate
- File a petition or objection to invoke the slayer rule early in the probate process.
- Present evidence such as police reports, medical records, and witness statements.
- Attend a probate hearing where the court reviews evidence under a clear and convincing standard.
- If the court bars the heir, the estate administrator reallocates the barred share to remaining heirs.
Helpful Hints
- Act quickly: File any petitions or objections during the statute of limitations for probate.
- Gather robust evidence: Detailed documentation strengthens your position.
- Understand per stirpes: Learn how estate shares move to descendants when an heir is barred.
- Consult early: Engage an experienced probate attorney in Oklahoma.
- Prepare for appeals: A barred heir may challenge the court’s decision.