Detailed Answer
New Jersey’s slayer statute prevents anyone who feloniously and intentionally kills a decedent from profiting from that death. Under N.J. Stat. Ann. § 3B:5-3, a killer “shall not acquire or retain any property or interest by reason of the decedent’s death” (N.J. Stat. Ann. § 3B:5-3). In practice, the slayer is treated as if they predeceased the victim. Their share of the estate then passes to the next eligible heir under New Jersey’s intestacy rules.
Key Elements of the Slayer Statute
- Intentional killing: The slayer must act with the intent to kill. Accidental or negligent deaths do not trigger the statute.
- Final conviction: A criminal conviction for murder or manslaughter creates a presumption of intent. In civil proceedings, the court may apply the statute after a preponderance of the evidence (N.J. Stat. Ann. § 3B:5-2).
- Property interests: The statute bars any property or benefit the killer would receive as a beneficiary or heir.
Effect on Inheritance
When a court applies the slayer statute, the killer’s share is removed and redistributed. If the decedent died intestate (without a will), New Jersey’s intestacy statute directs distribution to surviving relatives. For example, if a child kills a parent, that child’s share will pass to the child’s siblings under N.J. Stat. Ann. § 3B:5-4. If the decedent left a valid will naming the killer as heir or beneficiary, the court will strike out that designation and follow the next instructions in the will or default to intestacy.
Hypothetical Scenario
Jane inherits her mother’s house under a will. Jane then intentionally kills her mother. A New Jersey court will: (1) declare Jane a slayer under N.J. Stat. Ann. § 3B:5-3; (2) treat Jane as if she died before her mother; and (3) distribute the house to the next beneficiaries named in the will or, if none, to lawful heirs under the intestacy statute.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Gather all relevant court documents if you suspect a slayer claim.
- Consult a probate attorney to review wills and intestacy rules.
- Understand that civil courts can apply the slayer statute even without a criminal conviction.
- Track deadlines for estate administration under New Jersey law.
- Review N.J. Stat. Ann. § 3B:5-1 through § 3B:5-6 for full statutory context.