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Estate Planning

Estate Planning Newsletter

  • Irrevocable Funeral Trusts
    If you are concerned that the cost of skilled nursing care or other long-term care will exhaust your savings and saddle your heirs with your funeral and burial expenses, then you may want to consider adding an Irrevocable Funeral Trust... Read more.
  • Estate Planning for Non-Citizen Spouses
    A QDOT is a specific type of marital deduction trust that is designed to ensure that non-citizen spouses will eventually pay any taxes that may be due upon distribution of the principal from the trust, even if the surviving spouse... Read more.
  • Effect of Separation and Divorce on Estates and Trusts
    Most people are aware that a surviving spouse is usually entitled to inherit all or a large portion of the estate of a deceased spouse. Fewer understand the effect on estates if one spouse dies during a legal separation or after a... Read more.
  • IRS Issues Proposed Regulations on Delaware Series LLC
    Limited Liability Companies (“LLCs”) are a form of business ownership which is a separate legal entity much like a corporation. An LLC is treated like a partnership for tax purposes and like a corporation for liability... Read more.
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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.