Bars to Succession Flashcards
What is the Slayer Rule?
A person who feloniously and intentionally kills the decedent is not entitled to:
(1) Any property, interest, or benefit under a will of the decedent,
(2) A trust created by or for the benefit of the decedent or in which the decedent has an interest
(3) Any property of the decedent by intestate succession.
(4) Any of the decedent’s quasi-community property
(4) Nonprobate Transfers of Community Property; Multi-Party Accounts; TOD Accounts
(5) Homesteads and Set-asides: Certain rights the heir/beneficiary might have in the probate assets)
What Happens to Property If the Slayer Rule Applies?
The property interest or benefit (subsection (1) of Slayer Rule) passes as if the killer had
predeceased the decedent.
Any nomination in a will or trust of the killer as executor, trustee, guardian, conservator, or custodian which becomes effective as a result of the death of the decedent shall be interpreted as if the killer had predeceased the decedent
Joint Tenant Kills Another JT
A JT who feloniously and intentionally kills another JT severs the interest of the decedent so that the decedent’s share passes as the decedent’s property and the killer has no rights by survivorship.
Applies to Real and Personal Property, joint and multiple-party accounts in financial institutions, and any other form of co-ownership with survivorship incidents
Designated Beneficiary Killers
A named beneficiary of a bond, life insurance policy, or other contractual arrangement who feloniously and intentionally kills the principal obligee or the person upon whose life the policy is issued is not entitled to any benefit under the bond, policy, or other contractual arrangement, and it becomes payable as though the killer had predeceased the decedent.
Catch All Provision of the Slayer Rule
Probate Code § 253
In any case not described in Section 250, 251, or 252 in which one person feloniously and intentionally kills another, any acquisition of property, interest, or benefit by the killer as a result of the killing of the decedent shall be treated in accordance with the principles of this part.
Slayer Rule Overview
Slayer Rule, Generally (PC 250)
Joint Tenant Killers (PC 251)
Designated Beneficiary Killers (252)
Catch All (253)
Sufficient Proof of Felonious and Intentional Killing (PC 254)
What is Sufficient Proof of a Felonious and Intentional Killing
PC 254
A final judgment of conviction of felonious and intentional killing is conclusive
IF THERE IS NO final judgment of conviction of felonious and intentional killing, the court may determine by a preponderance of evidence whether the killing was felonious and intentional for purposes of this part.
- The burden of proof is on the party seeking to establish that the killing was felonious and intentional for the purposes of this part.
What is a Disclaimer?
You can decline to take your share of the estate (not the same as saying you predeceased the decedent).
Disclaimed person’s interest passes through them (figure out what they would take and then send it down to the kids (if any))
Requirements of a Valid Disclaimer
The disclaimer shall:
(1) Be in writing,
(2) Be signed by the disclaimant
(3) Identify the creator of the interest.
(4) Describe the interest to be disclaimed.
(5) State the disclaimer and the extent of the disclaimer.
Procedure:
Disclaimer must be filed within a reasonable time after the person able to disclaim acquires knowledge of the interest.
When is a Disclaimer Presumed to have Been Filed Within a Reasonable Time?
The disclaimer is filed within nine months after the death of the creator of the interest OR within nine months after the interest becomes indefeasibly vested, whichever occurs later
What happens to a Beneficiaries Property if they Validly Diclaim?
If they successfully disclaim they are treated as predeceasing the testator and the property continues down the lines of intestacy
NOTE: An intention to disclaim property to someone else (e.g., “I disclaim my share to X”) is therefore invalid
