How Does Idaho’s Slayer Statute Affect an Heir’s Right to Inherit?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
What Is Idaho’s Slayer Statute?
Under Idaho law, a person who intentionally and unlawfully kills a decedent cannot benefit by inheriting from that decedent’s estate. This rule appears in Idaho Code § 15-14-305, often called the “slayer statute.” It mirrors the Uniform Probate Code’s approach to disqualifying wrongdoers from taking property through inheritance.
Key Elements of the Slayer Statute
- Killing must be unlawful and intentional. Accidental deaths or killings in self-defense do not trigger the statute.
- Person must be convicted or judicially determined. A criminal conviction for murder, or a civil finding by a preponderance of the evidence, can activate the rule.
- Complete forfeiture of inheritance rights. The slayer is treated as if they predeceased the decedent. They receive nothing from the decedent’s estate.
How It Works in Practice
Imagine Alice is named as a beneficiary of Bob’s will. If Alice murders Bob, Idaho courts will deem her disqualified under the slayer statute. Rather than receiving Bob’s property, Alice is treated as if she died before Bob. The inheritance then passes to the next eligible beneficiary, such as Bob’s children or siblings.
Statutory Reference
For full details, see Idaho Code § 15-14-305: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH14/SECT15-14-305/.
Common Questions
1. What if someone is acquitted of murder?
An acquittal in criminal court does not automatically restore inheritance rights. A beneficiary may still face a civil proceeding under the Uniform Probate Code standard (preponderance of evidence) to enforce the slayer statute.
2. Can a slayer ever recover an inheritance?
No. Once disqualified, a person cannot recover property they would have inherited if they had not killed the decedent.
3. Does the rule apply to gifts made before death?
Yes. Any transfer—whether by will, trust, joint tenancy, pay-on-death account, or other arrangement—can be voided if the recipient is disqualified under the slayer statute.
Helpful Hints
- Document the cause of death thoroughly; it influences whether the statute applies.
- Review all estate planning documents for slayer-statute language explicitly.
- Consider seeking a civil declaratory judgment if criminal courts acquit the accused killer.
- Understand that self-defense killings usually do not trigger disinheritance under Idaho law.
- Keep beneficiaries informed to avoid disputes over distribution if the slayer statute is invoked.