Detailed Answer
In Oregon, the slayer statute bars anyone who feloniously and intentionally kills a decedent from inheriting under any estate plan or through intestate succession. Under ORS 114.245, a person convicted of the decedent’s murder or manslaughter is conclusively treated as having predeceased the decedent. This rule applies to inheritances by will, trust, intestacy, joint tenancy, tenancy by the entirety, life insurance proceeds, and other transfer-on-death designations.
The statute’s disinheritance is automatic upon conviction, but Oregon law also allows a probate court to hold a civil proceeding when there is no criminal conviction. In this proceeding, the court may disqualify an heir by finding, by clear and convincing evidence, that the individual intentionally caused the decedent’s death. Once so disqualified, the individual loses all rights to any property or benefits that would otherwise pass from the decedent.
After disqualification, the slayer’s share of an intestate estate redistributes among the remaining heirs under ORS 112.015. If the disqualified heir was named in a will or trust, the gift usually lapses, triggering any anti-lapse provisions or default distribution rules in the governing document. Joint tenancy property passes fully to surviving co-owners without right of survivorship for the disqualified party. Life insurance or other beneficiary designations treat the slayer as if they predeceased the insured, sending proceeds to contingent beneficiaries or the insured’s estate.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. You should consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Keep testamentary documents current to reflect family changes and reduce disputes.
- If criminal charges arise, seek probate counsel early to understand how disinheritance may apply.
- Consider naming alternate or contingent beneficiaries in wills, trusts, and insurance policies.
- Understand joint tenancy arrangements—survivorship rights can bypass probate but not the slayer rule.
- Explore mediation in inheritance disputes to preserve family relationships and assets.