Disclaimer: This article provides general legal information and does not constitute legal advice. Consult a licensed attorney for advice about your specific situation.
Detailed Answer
Under California law, the slayer rule prevents a person who feloniously and intentionally kills a decedent from inheriting from that decedent’s estate. The rule is codified at Probate Code § 250, which states that a killer is treated as having predeceased the victim for purposes of intestate succession, wills, trusts, and life insurance proceeds.
Key points:
- Triggering conduct: A finding of murder or voluntary manslaughter by conviction or by civil adjudication (clear and convincing evidence) will invoke the slayer rule. (Prob. Code § 251.)
- Effect on intestate succession and wills: Under Probate Code § 252, the disqualified heir is treated as if they died before the decedent. Their share then passes to the next eligible beneficiary or under the residuary clause of a will.
- Joint tenancy property: For jointly held property, Probate Code § 254 provides that the killer loses the right of survivorship. Their half-interest passes to their estate rather than passing automatically to the killer.
- No windfall to killer’s estate: The slayer gets nothing—even indirectly. Insurance proceeds, retirement benefits, and trust distributions that would have gone to the killer instead go to contingent beneficiaries or the residuary estate.
Example Hypothetical: Alice dies intestate, survived by her son Ben and daughter Carol. Carol intentionally kills Alice and is later convicted of murder. Under the slayer rule, Carol is treated as if she predeceased Alice. Ben inherits 100% of Alice’s intestate estate.
Helpful Hints
- Obtain certified court records showing a conviction or civil finding of intentional killing.
- The burden of proof in a civil slayer proceeding is “clear and convincing evidence,” not beyond a reasonable doubt.
- Unintentional killings (e.g., negligent homicide) typically do not trigger the slayer rule.
- Review joint tenancy deeds and beneficiary designations to see if the slayer rule applies separately.
- Consult Probate Code §§ 250–259 for procedural requirements and definitions.