Detailed Answer
Minnesota’s slayer statute bars any person who feloniously and intentionally kills a decedent from inheriting under that person’s will or through intestacy. Under Minn. Stat. § 524.2-803, a court treats the slayer as if they predeceased the victim. This rule applies whether the killer is convicted of murder or manslaughter.
Key points include:
- Triggering conduct: A felony or gross misdemeanor homicide that lacks legal justification (for example, self-defense).
- Effect on inheritance: The disqualified heir loses all rights to property under the will, beneficiary designations, or Minnesota’s intestacy laws.
- Per stirpes succession: The slayer is deemed to have predeceased, so any inheritance share passes to their descendants by representation.
- Reversal or exception: If a conviction is overturned or the killing is found justified, a court may restore inheritance rights.
In practice, a probate court will hold a hearing to determine whether the slayer statute applies. Evidence of the criminal conviction or detailed proof of the killing’s circumstances will shape the court’s decision. Because the process can affect multiple beneficiaries, any interested party may raise the issue in the probate proceeding.
Helpful Hints
- Collect key documents: wills, death certificates, criminal records, and police reports.
- Monitor criminal case outcomes: A conviction triggers automatic disinheritance. An acquittal or a finding of justification may protect inheritance rights.
- Understand per stirpes distribution: If an heir is disqualified, their descendants often may still inherit in their place.
- Raise the issue early: File a motion or objection in probate court as soon as you suspect the statute applies.
- Consult local probate counsel: Probate practice varies by county and judge.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney about your specific situation.