Conduct Barring Party From Sharing in the Estate

Question 1

What is required for a slayer stature to bar inheritance?

Answer 1

A felonious and intentional killing of the decedent by a beneficiary.

Question 2

When determining intent under a slayer statute, what is the standard of proof?

Answer 2

Preponderance of the evidence.

Question 3

Are slayer statutes limited to wills and intestacy?

Answer 3

No. Includes elective share, life insurance contract, etc.

Question 4

How does slayer’s share pass if a slayer statute is in effect?

Answer 4

As is the slayer predeceased the decedent

Question 5

Under a slayer statute, jointly held property with right of survivorship passes how?

Answer 5

1/2 to victim’s estate, 1/2 to slayer with a remainder to the victim’s estate.

Question 6

Inheritance and elective share rights of a husband or wife are forfeited if either _____ and _____ deserts or otherwise ______ to _____ the other for a year or more.

Answer 6

Willfully

Maliciously

Fails

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