Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under New Hampshire law, the slayer statute prevents a person who unlawfully and intentionally causes the death of a decedent from inheriting any portion of that person’s estate. The relevant statute is N.H. Rev. Stat. Ann. § 547:6, which states that a “slayer” is treated as if they predeceased the victim for inheritance purposes (RSA 547:6).
A court must determine by a preponderance of the evidence that the heir engaged in the intentional or reckless killing. This finding can emerge from a criminal conviction or a civil proceeding. If the slayer statute applies, the heir’s share is forfeited.
Once an heir is disqualified, the estate is divided as though the disqualified heir had died before the decedent. Under New Hampshire’s intestacy rules, the forfeited share passes to other heirs according to RSA 560:3, or as directed by the will if the decedent left one.
Key points:
- If an heir is found to have intentionally killed the decedent, they forfeit any testamentary or intestate share.
- The court treats the slayer as having predeceased the decedent; the disqualified share is redistributed under existing distribution rules.
- The slayer may lose rights to life insurance proceeds or jointly held assets, depending on how courts interpret beneficiary designations in light of RSA 547:6.
Helpful Hints
- Collect all relevant case and probate documents to understand how New Hampshire courts have applied RSA 547:6.
- Distinguish between criminal verdicts and civil findings; both can trigger the slayer statute.
- Review the decedent’s will and beneficiary designations to see if alternate beneficiaries are named.
- Consider the timing of the court’s finding; distribution may be held pending the outcome of related proceedings.
- Speak promptly with a probate attorney if a slayer statute claim arises to protect your rights.