Detailed Answer
The New York slayer statute prohibits anyone who feloniously and intentionally kills a decedent from inheriting under that person’s will or intestate estate. Under Estates, Powers & Trusts Law § 2-1.4, a convicted slayer is treated as if they predeceased the victim. Courts then distribute the disqualified heir’s share among the remaining beneficiaries.
To invoke the slayer rule, an interested party files a petition in Surrogate’s Court. The court holds a separate hearing and applies a “preponderance of the evidence” standard—lower than the criminal “beyond a reasonable doubt” bar. The statute covers killings classified as murder in the first or second degree and manslaughter offenses. Courts interpret “feloniously and intentionally” to exclude accidental or negligent deaths. For full text, see EPTL 2-1.4.
Once the court bars the slayer, it treats that individual as if they predeceased. If the slayer has surviving descendants, they may inherit the disqualified share per stirpes. Otherwise, the share passes to other heirs under the decedent’s will or, if there is no valid will, under New York’s intestacy law (EPTL 4-1.1).
Surrogate’s Court may also remove a claimant under Surrogate’s Court Procedure Act § 210 if court proceedings establish disqualification. See SCPA 210.
In summary, if a person’s intentional and felonious act causes a decedent’s death, New York law disinherits that person. The estate then passes as though the slayer predeceased the victim, protecting legitimate heirs.
Helpful Hints
- Gather evidence of criminal charges and convictions early.
- Retain counsel experienced in Surrogate’s Court proceedings.
- Collect witness statements to support or defend a slayer petition.
- Remember civil courts use a “preponderance of the evidence” standard.
- Review per stirpes rules to map how shares pass when an heir is disqualified.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.