Disclaimer: This article provides general information and does not constitute legal advice. For guidance on your specific situation, consult a qualified Illinois attorney.
Detailed Answer
Under Illinois law, the Slayer Statute prevents a person who feloniously and intentionally kills a decedent from inheriting from that person’s estate. You can find the rule at 755 ILCS 5/2-6.
1. Scope of the Slayer Statute
The statute disqualifies any heir or beneficiary who commits a willful, intentional, and unlawful killing of the decedent. It applies to both intestate (no will) and testate (with will) estates.
2. Disinheritance Effect
If a court finds that an heir killed the decedent, the slayer is treated as if he or she predeceased the decedent. As a result:
- The slayer loses all rights to inherit under the will or by intestacy.
- Their share passes to the next eligible heir under the decedent’s estate plan or Illinois’s intestacy scheme.
3. Property Passing Mechanism
The disqualified heir’s share distributes as though the person had died before the decedent. For example, if a child killed a parent, that child’s share passes to their own children per stirpes, or to other siblings if no grandchildren exist.
4. Survivorship and Non-Probate Assets
The Slayer Statute also applies to non-probate transfers, such as payable-on-death accounts and joint tenancy property. Illinois courts typically treat these assets as part of the estate for slayer purposes, preventing the killer from receiving the funds or property.
5. Burden of Proof
The estate’s personal representative or any interested party must prove the requisite intent and unlawfulness by clear and convincing evidence. A criminal conviction for murder or manslaughter often satisfies this standard, but a separate probate hearing may be necessary.
6. Potential Exceptions
- Accidental or negligent killings do not trigger the Slayer Statute.
- Self-defense or defense of others generally falls outside the statute’s scope.
Helpful Hints
- Document Evidence: Gather police reports, medical records, and witness statements to support or defend against a slayer claim.
- Review Estate Planning Documents: Check wills, trusts, and beneficiary designations for instructions on alternate distributions.
- Consult an Attorney Early: A probate attorney can advise you on filing a slayer petition or defending against one.
- Attend Probate Hearings: You may need to present or challenge proof of intent in court.
- Consider Civil Actions: Family members sometimes seek wrongful death or tort claims alongside probate actions.