Understanding Michigan’s Slayer Statute and Inheritance Rights
Disclaimer: This article is for educational purposes only and is not legal advice. Consult a qualified attorney for guidance specific to your circumstances.
Detailed Answer
Michigan’s Estates and Protected Individuals Code (EPIC) contains a slayer statute that prevents anyone who feloniously and intentionally kills a decedent from inheriting from that person’s estate. Under Michigan Compiled Laws §700.2807 (MCL 700.2807), a person who commits such an act is treated as having predeceased the decedent.
Key points under MCL 700.2807 (see link):
- Applicability: The statute applies when an heir or beneficiary feloniously and intentionally causes the death of the decedent.
- Standard of Proof: A criminal conviction for homicide establishes a prima facie case. In probate court, a judge may also determine forfeiture by clear and convincing evidence, even without a criminal conviction.
- Forfeiture Effect: The slayer is deemed to have died before the decedent. Any gift, bequest, devise, or intestate share that would have gone to the slayer instead passes as if the slayer were not in the line of succession.
- Intestate Succession: When the slayer would inherit under intestacy, that share passes to the next eligible heirs under MCL 700.2103 (link).
Hypothetical Example
Imagine Alice and Carol are the only children of Bob, who dies without a will. Under MCL 700.2103, they each stand to inherit 50%. If Carol intentionally kills Bob, she cannot inherit. The probate court treats Carol as if she predeceased Bob, so Alice inherits the entire estate.
Helpful Hints
- Review Court Records: Obtain criminal or probate filings to confirm whether the slayer statute applies.
- File a Contest Early: Bring any slayer statute claims promptly in the probate proceeding to avoid missing deadlines.
- Gather Evidence: Collect witness statements, police reports, and medical records to support or refute an intentional killing.
- Consult a Probate Attorney: A lawyer can help navigate complex issues such as plea deals, civil findings, and related forfeitures.
- Consider Insurance Policies: Separate rules may govern benefits under life insurance or joint accounts, which can sometimes bypass probate.