Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice specific to your situation.
Under New Mexico law, the Slayer Statute prevents a person who unlawfully and intentionally kills a decedent from inheriting any property or benefits from that decedent’s estate. This rule appears in NMSA 1978, Section 45-2-101 (45-2-101).
Key Elements of the New Mexico Slayer Statute
- Felonious and intentional killing: The heir must have unlawfully and deliberately caused the decedent’s death.
- Disqualification: A slayer cannot receive any property or benefit under a will or by intestate succession.
- No clean hands: Courts refuse to admit slayers to inheritance, applying the doctrine that one cannot profit from one’s wrongdoing.
How the Statute Operates in Practice
If an heir is accused of killing the decedent, the executor or personal representative of the estate must notify the court. The court then holds a separate hearing to determine whether the slayer statute applies. If the court finds by a preponderance of the evidence that the heir acted feloniously and intentionally, the heir loses all inheritance rights.
Once disqualified, the slayer’s share is treated as though the slayer predeceased the decedent. The property then passes to the next eligible beneficiary under the will or, if there is no valid will, under New Mexico’s intestate succession rules (45-2-103).
Possible Exceptions and Defenses
- Insanity or lack of intent: If the heir lacked the mental capacity to form intent, the court may rule the killing was not intentional.
- Self-defense: A killing justified by self-defense or defense of others typically falls outside the statute’s reach.
Helpful Hints
- Review NMSA 1978, §45-2-101, to understand the exact language of the slayer statute.
- Gather evidence of intent, such as prior threats, to support or defend against a slayer claim.
- Consult an experienced probate attorney promptly when an allegation arises.
- Remember that an acquittal in criminal court does not automatically restore inheritance rights in probate; separate proof applies.
- Check related statutes on intestate succession (NMSA 1978, §45-2-103) to see who inherits if a slayer is disqualified.