Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
What Is the Rhode Island Slayer Statute?
Rhode Island’s slayer statute appears in R.I. Gen. Laws § 33-15-1 and § 33-15-2. Under these provisions, any person who intentionally and feloniously kills the decedent is treated as if they predeceased the decedent. An heir who commits such an act automatically loses any right to inherit from the victim’s estate.
See the full text of the statute here:
§ 33-15-1 and
§ 33-15-2.
How the Court Establishes Disqualification
There are two primary ways to trigger the slayer rule in Rhode Island:
- Criminal Conviction: A homicide conviction in state or federal court creates a conclusive presumption under § 33-15-2 that the killer cannot inherit.
- Civil Proceeding: If no criminal conviction exists, an interested party can petition the probate court for a civil hearing. The court then applies a clear-and-convincing evidence standard to determine whether the heir intentionally caused the decedent’s death.
Effect on Distribution of the Estate
Once a person is disqualified under the slayer statute, the probate court treats that individual as if they died before the decedent. Their share of the estate passes according to the decedent’s will or, in intestacy cases, by operation of law to the next eligible beneficiary.
Hypothetical: Suppose Anna is set to inherit $100,000 from her uncle’s estate. If Anna is convicted of intentionally causing her uncle’s death, the court will remove her from the beneficiary list. The $100,000 then distributes to the next heir—for example, Anna’s cousin—per R.I. Gen. Laws § 33-15-2.
Helpful Hints
- Gather all criminal records and court documents if challenging or defending a slayer claim.
- Consult with a probate attorney to understand how per stirpes distribution may apply when an heir is disqualified.
- Remember that acquittal in criminal court does not bar a civil petition under the clear-and-convincing standard.
- Act quickly: probate courts enforce statutory deadlines for filing petitions and objections.
- Keep detailed notes on family relationships to clarify who steps into the inheritance line.