Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Wyoming’s slayer statute bars individuals who feloniously and intentionally kill a decedent from inheriting any property or benefits from that person’s estate. Under W.S. § 2-1-120, a killer is treated as if they predeceased the decedent. Their share is distributed to the next eligible heirs under Wyoming’s probate laws.
Key elements include:
- Felonious and intentional killing: A criminal conviction for homicide is conclusive. If there is no conviction, the probate court applies a preponderance-of-the-evidence standard to determine whether the heir intentionally and unlawfully caused the death.
- Forfeiture of share: The slayer is deemed to have died before the decedent and loses all inheritance rights under wills, intestacy, joint tenancy, or beneficiary designations.
- Redistribution of assets: The disqualified heir’s share passes as though they were not alive at the decedent’s death. In intestacy, the share goes to other relatives per stirpes; under a will, it goes to residuary beneficiaries or as directed by the document.
Example: If a decedent dies intestate and two children stand to inherit equally, but one child intentionally kills the parent, the slayer statute treats that child as predeceased. The surviving child then inherits the entire estate.
Helpful Hints
- Obtain certified court records of any homicide conviction to confirm the statute’s conclusive application.
- If no conviction exists, request a probate court hearing to evaluate evidence under the civil preponderance standard.
- File a petition for a slayer-statute determination early in the probate process to avoid asset distribution mistakes.
- Review backup beneficiaries in estate planning documents to ensure assets pass as intended if a primary heir is disqualified.
- Consider estate or life insurance proceeds for dependents if an heir’s inheritance is forfeited under the statute.