Disclaimer: This blog article provides general information and is not legal advice. Laws vary and you should consult a qualified attorney for advice about your specific situation.
Detailed Answer
Under Tennessee law, the “slayer rule” prevents someone who intentionally and feloniously kills the decedent from inheriting any part of their estate. Tennessee Code Annotated § 31-1-106 (slayer’s rule) states that a slayer is treated as if they predeceased the victim. You can read the statute here: Tenn. Code Ann. § 31-1-106.
Specifically:
- If a person is convicted of first- or second-degree murder, they forfeit any right to inherit from the victim’s estate.
- Their share of the estate is distributed as though the slayer had already died, often passing to the next eligible heir under the decedent’s will or Tennessee’s intestacy rules.
- Even without a criminal conviction, a probate court can apply the slayer rule if it finds clear and convincing evidence that the heir intentionally killed the decedent.
- Civil exceptions exist for cases where the killing resulted from self-defense or insanity. Under Tenn. Code Ann. § 31-1-106(b), a person acquitted by reason of insanity may inherit.
Hypothetical Example: Jane was set to inherit 50% of her father’s estate under his will. After her conviction for murdering him in 2022, Tennessee’s slayer rule voids her inheritance. Her 50% share passes to her siblings or their descendants per stirpes.
Helpful Hints
- Review Tenn. Code Ann. § 31-1-106 closely to understand the procedural requirements.
- Gather all criminal court records and probate filings related to the decedent’s estate.
- Consider possible exceptions such as self-defense or insanity acquittals.
- Consult a probate attorney to navigate potential litigation and distribution issues.
- Act promptly. Probate timelines can be strict once a slayer rule claim arises.
- Keep detailed records of all communications with the personal representative and court.