Close Menu
Stephens | Domnitz | Meineke PLLC
Follow Us:
  • Facebook
  • LinkedIn
Get In Touch Today! 832-706-0244

Estate Planning Newsletter

  • Durable Powers of Attorney
    If you become incapacitated, who is supposed to make decisions for you about the management of your property or your health care? A durable power of attorney allows someone you designate to act on your behalf. It is usually included as... Read more.
  • The Executor or Administrator of a Will
    When a person dies, a personal representative must be appointed to manage and distribute the decedent’s estate. Types of Personal Representatives A personal representative is any of the following:... Read more.
  • Overseas or Foreign Asset Protection Trusts
    In today’s litigious society more individuals are inquiring about asset protection planning, especially those individuals with a high risk of potential exposure to liability, such as business owners, doctors, or those involved in... Read more.
  • Estate and Income Tax Treatment of Contaminated Property
    The Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) imposes liability for the investigation and cleanup of contaminated real property without regard to whether the landowner created or allowed the... Read more.
Estate Planning News Links

Homicide & Estate Planning

If a person murders a relative, is he/she entitled to receive any of the victim’s property? In most cases, the answer would be “no.” Usually, a convicted killer cannot inherit a victim’s property, even if he/she is a rightful heir or a named beneficiary.

Required Characteristics

To lose all rights to the dead relative’s property, the criminal court will need to find that a killer:

  • Intentionally and feloniously killed the person
  • Was legally sane at the time of the murder

Even if a person is not convicted of murder in criminal court, he/she may still lose rights to the dead person’s property if the probate court finds that he/she is responsible for the person’s death.

Forfeited Rights

Once the above are established, then the killer is treated as having “predeceased” the murdered person. This means that any rights the killer once had to the decedent’s estate are passed to whomever is next in line to inherit or manage the estate (as if the killer never existed as an heir).

The killer will therefore lose all rights to his/her share of the following:

  • Separate, joint, or quasi-community property
  • Bond or life insurance benefits
  • Any nomination as executor, trustee, guardian, or conservator in the decedent’s will or trust

Other Forfeiture

If the killer pleads guilty to involuntary manslaughter (instead of being found guilty of murder), he/she may not be viewed as being innocent and may still lose all rights to the decedent’s property.

Share This Page:
Facebook Twitter LinkedIn
Contact Form Tab