Disclaimer: This article provides general information only and is not legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Indiana law, the “slayer statute” prevents anyone who feloniously and intentionally kills a decedent from inheriting from that person’s estate. Key aspects of this rule include:
- Statutory basis: Indiana Code §29-1-2-1 states that a person who feloniously and intentionally kills the decedent “is not entitled to any part of the decedent’s estate.” See §29-1-2-1 (2023): https://iga.in.gov/laws/2023/ic/titles/29/article-1/chapter-2#29-1-2-1.
- Burden of proof: A criminal conviction for murder under Indiana Code §35-42-1-1 (link) strongly supports enforcement of the slayer rule, but a civil court may also disinherit an heir upon finding by a preponderance of the evidence that the heir feloniously and intentionally caused the death.
- Treated as predeceased: Once disqualified, the slayer is treated as though they predeceased the decedent. Their share of the estate passes under the will or, if there is no valid will, under Indiana’s intestacy statutes. See Indiana Code §29-1-2-2 for intestate distribution: link.
- Per stirpes substitution: If the disqualified heir has surviving descendants, those descendants may step into the heir’s place and inherit by representation under the per stirpes rule.
- Exceptions and nuances: Self-defense killings or other non-felonious deaths typically fall outside the statute. Only intentional and felonious killings trigger disinheritance.
Helpful Hints
- Contact an experienced probate attorney promptly if slayer issues arise.
- Obtain and review all criminal and civil court records related to the death.
- Consider filing a declaratory judgment action in probate court to clarify inheritance rights.
- Explore mediation or settlement where disputes among heirs could delay estate administration.
- Keep detailed records of estate assets, beneficiaries, and communications to avoid procedural errors.