Special Statutory Provisions

Question 1

What is the effect of a Slayer Act?

Answer 1

A person who participates in the willful and unlawful killing of decedent may not acquire property or receive any benefit as the result of the decedent’s death

Question 2

When do Slayer statutes not apply?

Answer 2

If the killing of the decedent was reckless, accidental or negligent

Question 3

How is the devisee treated when Slayer Acts get applied?

Answer 3

The slayer is deemed to have predeceased the decedent

Question 4

What is required by Simultaneous Death statutes?

Answer 4

A person who cannot be established by clear and convincing evidence to have survived the decedent by 120 hours is deemed to have predeceased the decedent

Question 5

What is impact if both the decedent and the heir die at the same time?

Answer 5

If the time of death of the decedent or the heir cannot be determined to establish that the decedent survived the heir by 120 hours ,each will be deemed to have failed to survive the other

Question 6

Do simultaneous death statutes apply to intestate succession?

Answer 6

Yes