Detailed Answer
Under Kansas law, the slayer statute prevents someone who unlawfully and intentionally causes the death of a decedent from inheriting from that person’s estate. Kansas codified this rule in K.S.A. 59-2137. The statute states that a person who feloniously and intentionally kills the decedent is treated as if they predeceased the decedent. As a result, the killer loses any right to inherit either under the will or by intestate succession.
Key points under K.S.A. 59-2137:
- If the heir is convicted of murder or manslaughter in a court of law, the disinheritance is automatic.
- If there is no criminal conviction, a probate court may still apply the slayer rule if it finds by clear and convincing evidence that the heir intentionally and feloniously caused the death.
- The disinherited heir’s share passes as though they had died before the decedent. That share then goes to other beneficiaries or intestate heirs according to Wills Act provisions in K.S.A. 59-2011.
For example, if a decedent’s will leaves everything equally to their two children and one child is later convicted of manslaughter in the decedent’s death, the convicted child is barred from receiving any distribution. The entire estate would instead pass to the surviving child or, if there were more heirs, be divided among them under the will or intestacy rules.
The probate court handles any challenges to an heir’s right to inherit. Interested parties must file a motion or objection, and the court will hold a hearing. The court’s order will address whether to apply K.S.A. 59-2137 and reallocate the disqualified heir’s share.
Helpful Hints
- Start criminal and probate proceedings separately—criminal conviction simplifies the probate outcome.
- Gather strong evidence if relying on a civil slayer determination (witness statements, police reports, forensic records).
- Review the will and any residuary clauses—these define where a disinherited share goes.
- Understand that a slayer cannot force a settlement or negotiate a share—they have no standing to inherit.
- Consult a probate attorney early to file the correct motions and meet court deadlines.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a qualified attorney.