Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under West Virginia law, anyone who unlawfully and intentionally kills a decedent forfeits any right to inherit from that person’s estate. This rule, often called the slayer statute, appears at W.Va. Code § 44-5-7. The statute bars a killer from receiving property under a will or through intestate succession.
When a slayer statute claim arises in probate court, the court treats the killer as if they predeceased the decedent. As a result, the killer’s share passes to other heirs according to the intestacy rules in W.Va. Code § 42-1-1.
Key Effects of the Slayer Statute
- Automatic Disqualification: A person convicted of murder or found by the probate court to have unlawfully killed the decedent loses all inheritance rights.
- Treated as Predeceased: The killer’s interest in the estate is removed before distribution. The estate then follows the normal order of succession.
- Redistribution: If the killer would have inherited one-half of the estate, that half now goes to the next eligible heirs (for example, siblings, nieces, or nephews).
Illustrative Example
Suppose Alice’s will leaves her entire estate equally to her two children, Bob and Carol. If Bob unlawfully kills Alice and loses his inheritance right under W.Va. Code § 44-5-7, Bob is treated as if he died before Alice. Carol then inherits Alice’s entire estate.
Helpful Hints
- Gather any criminal or civil court records related to the killing before opening probate.
- Review W.Va. Code § 44-5-7 and the intestacy provisions in W.Va. Code § 42-1-1 to verify distribution paths.
- File a formal slayer statute claim in the probate proceeding to enforce disqualification.
- Consult a probate attorney promptly—statutory timelines and procedural requirements apply.