Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer: Effect of the Slayer Statute in Louisiana
Under Louisiana law, any person who unlawfully and intentionally causes the death of a decedent is barred from inheriting from that decedent’s estate. This principle, commonly called the “slayer statute,” is codified in La. Civ. Code art. 892.
Key features of Article 892:
- A convicted killer or one who admits guilt under oath without recantation is treated as if they predeceased the decedent.
- They forfeit all rights to property passing by will or intestate succession.
- They cannot receive proceeds from life insurance or other benefit-bearing instruments tied to the decedent.
The statute applies equally to testate and intestate successions. Once a court enters a final judgment, the slayer’s share “drops out” and passes to the next heirs under Louisiana’s intestacy rules (La. Civ. Code art. 894). For example, if a child who stood to inherit one-half of an estate is disinherited under the slayer statute, that share moves to the child’s siblings or their descendants.
Until conviction or uncontested confession, the alleged slayer may retain property subject to a court order. The succession’s personal representative or other heirs can petition the court to enforce the slayer statute and remove the heir’s claim.
Helpful Hints
- Confirm a final criminal conviction or an uncontested sworn confession before enforcing the statute.
- Remember that forfeiture covers all succession methods—wills, intestacy, life insurance and similar benefits.
- File a petition in succession court to have the slayer statute applied if you represent affected heirs or the estate.
- Gather and preserve all court documents, criminal judgments and confessions related to the case.
- Consult an experienced estate attorney to safeguard inheritance rights and navigate complex procedures.