Disclaimer: This article provides general information and is not legal advice.
Detailed Answer
Under South Dakota law, the slayer rule prevents a person who feloniously and intentionally kills the decedent from inheriting any part of the decedent’s estate. SDCL 29A-2-803 states that a killer “forfeits all benefits” and is treated as having predeceased the victim.
The statute applies in two main scenarios:
- Intestate succession: When someone dies without a will, permissible heirs inherit under SDCL 29A-2-101. A slayer is removed from the list, and his or her share passes to the next eligible relatives under SDCL 29A-2-102 (per stirpes or per capita distribution).
- Testate succession (will): If a will names the killer as a beneficiary, that gift lapses. The will’s residuary clause or anti-lapse provisions (often found in the will itself) determine who inherits in place of the disqualified beneficiary.
A slayer is disqualified automatically upon criminal conviction for homicide. If there is no conviction, any interested party may petition the probate court to apply the slayer rule by proving intent by a preponderance of the evidence. If the court finds the person killed the decedent intentionally and feloniously, it bars the person from inheriting.
Once disqualified, the killer’s share is redistributed according to the decedent’s estate plan or state intestacy laws. This safeguards public policy by ensuring no one profits from criminal wrongdoing.
Helpful Hints
- Consult a probate attorney promptly if you suspect a slayer claim or face disqualification issues.
- Collect relevant evidence: police reports, criminal records, witness statements.
- Review the decedent’s will for alternate beneficiaries and residuary clauses.
- Remember: an acquittal in criminal court does not prevent a civil slayer action in probate court.
- Watch for deadlines to file objections or petitions under South Dakota probate rules.
- If the disqualified heir has descendants, those children may still inherit by representation unless also disqualified.