Disclaimer: This article provides general information about Vermont law and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation.
Detailed Answer
What Is Vermont’s Slayer Statute?
Under Vermont law, the “slayer statute” prevents anyone who feloniously and intentionally kills a decedent from inheriting any portion of that person’s estate. This rule appears in 14 V.S.A. § 4281. By operation of law, a killer is treated as if they predeceased the victim and cannot receive property by intestacy or under a will.
Who Falls Under the Rule?
The statute applies to any heir, beneficiary, or devisee who intentionally and feloniously causes the death of the decedent. Conviction of murder or a similarly serious homicide offense is strong evidence. But even without a criminal conviction, a probate court can apply the rule after a preponderance of evidence shows the killing was intentional and unlawful.
Impact on Intestate and Testate Estates
If an heir is disqualified, Vermont law treats that person as if they died before the decedent. For intestate estates, their share passes to the next eligible heir under 14 V.S.A. § 213. For testate estates, the disqualified beneficiary’s share moves according to residuary clauses or anti-lapse provisions in the will.
Hypothetical Example
Suppose Alice inherits her aunt’s property under a will. Alice intentionally kills her aunt and is convicted of second-degree murder. Under 14 V.S.A. § 4281 (link), Alice loses her inheritance. The property then goes to the next named beneficiary or, if none, passes by Vermont’s intestacy rules.
Helpful Hints
- Document criminal records and court findings to support or challenge a slayer claim.
- Review wills carefully for anti-lapse clauses that may promote substitute beneficiaries.
- Contact the probate court clerk early to learn about filing procedures and deadlines.
- Consider mediation if heirs disagree on the slayer issue to reduce litigation costs.
- Seek a probate attorney with estate administration experience in Vermont.