Detailed Answer
Under Nebraska law, the slayer statute prevents an individual who unlawfully and intentionally caused a decedents death from inheriting from that decedents estate. The primary goal is to uphold public policy by denying any benefit to a person who commits or is responsible for homicide.
The statute Neb. Rev. Stat. 730 provides: “No slayer shall inherit any property or take any beneficial interest in the property of the decedent whose death the slayer has unlawfully and intentionally brought about.” Here, a “slayer” includes any person who feloniously and intentionally kills the decedent.
When a court determines that an heir qualifies as a slayer, Nebraska applies Neb. Rev. Stat. 730. This section treats the slayer as if they predeceased the decedent, removing their inheritance rights. The disqualified share then passes to other heirs under the rules of intestate succession or per the decedents will, as though the slayer were already dead.
For example, suppose Jane, a decedent, leaves an estate equally to her two children, Alex and Sam. If Sam unlawfully and intentionally causes Janes death and a court finds Sam to be a slayer, Nebraska law disqualifies Sam. Sams one-half share passes to Alex or, if Alex is unavailable, to Alexs descendants.
A court typically requires a criminal conviction for homicide to enforce the statute. However, Nebraska law allows a civil proceeding to determine slayer status by a preponderance of evidence if there is no conviction.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Proof of Wrongful Conduct: A criminal conviction for homicide normally triggers disinheritance under the slayer statute.
- Civil Proceedings: If no conviction exists, interested parties can seek a civil finding of slayer status in probate court.
- Intestate Succession: When a slayer loses their share, the property passes as though the slayer predeceased the decedent.
- Wills and Trusts: The slayer statute applies even if the decedent named the slayer as a beneficiary in a will or trust.
- Consult an Attorney: Estate matters can be complex. Early consultation with an attorney helps protect rights and clarify obligations.