Do Killers Inherit? Understanding California’s Slayer Rule

Have you ever wondered what happens if someone inherits money from a relative they killed? California’s Slayer Rule prevents this from happening. This law ensures that murderers don’t profit from their crimes by inheriting from their victim’s estate.

What is the Slayer Rule?

The Slayer Rule is a legal principle within trust and estate law that prevents someone who feloniously and intentionally kills another person from inheriting any part of their estate. California Probate Code Section 250 uses these specific terms, “feloniously and intentionally,” to establish a clear standard.

How Does the Slayer Rule Protect Your Estate?

• Upholding Your Wishes: The Slayer Rule ensures your estate is distributed according to your will or trust. The murderer cannot inherit anything you planned for others.
• Disqualification from Fiduciary Roles: The murderer is also disqualified from being appointed as an executor, trustee, guardian, conservator, or custodian of the estate. These roles involve managing your assets and making decisions on behalf of the beneficiaries you designated.

Are There Exceptions to the Slayer Rule?

• Self-Defense: The Slayer Rule does not apply if the killing was in self-defense or considered justifiable homicide.

Complexities of the Slayer Rule

The Slayer Rule is straightforward in most situations. However, legal interpretations can become more nuanced in cases involving mental health or assisted suicide. California courts haven’t definitively addressed scenarios like someone found not guilty by reason of insanity inheriting from the victim.

Importance for Estate Planning

While uncommon, it’s crucial for trustees and personal representatives handling estates to be aware of Slayer Rules. This ensures proper distribution of assets and protects beneficiaries (or alternate beneficiaries) from unintended consequences.

California Estate Planning Assistance

If you have questions about California’s Slayer Rule or need assistance with trust administration or probate, contact Naimish & Lewis for a consultation. Our experienced estate planning attorneys can guide you through the legal process and ensure your wishes are carried out.

Key Takeaways:

• California’s Slayer Rule prevents murderers from inheriting from their victim’s estate.
• This upholds the deceased’s intent for asset distribution and discourages killings motivated by inheritance.
• The rule applies when the killing is intentional and felonious.
• Self-defense is an exception, and legal interpretations can be complex in certain situations.