Law Office of Tillena G. Clark, LLC

Directions7315 Wisconsin Ave., Suite 400W
Bethesda, Maryland 20814

Estate Planning Newsletter

Wills & The Effects of Homicide

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.

  • Distributing the Assets of Missing Persons
    When an individual dies, their estate must be administered and distributed according to their previously established estate plan (if the decedent executed an estate plan prior to their death) or state intestate succession laws (if the... Read more.
  • Recent Changes in Federal Estate Taxes
    Much to the relief of many, the American Taxpayer Relief Act of 2012 (“2012 Tax Act”) was enacted in the beginning of 2013, making permanent many of the tax benefits that were scheduled to expire at the end of 2012. The beginning of... Read more.
  • Privacy Rule Protects Confidential Health Information
    The Health Insurance Portability and Accountability Act of 1996 (HIPAA) became effective on April 14, 2003. HIPAA establishes national standards for the protection of certain health information. The purpose of HIPAA is to ensure that a... Read more.
  • Special Needs Trusts Preserve Public Benefits for the Disabled
    Some government statistics estimate that between 15% and 20% of all Americans have some form of disability. It is also estimated that the majority of disabled persons will need to avail themselves of public assistance to help pay the... Read more.
Law Commentary Legal News
Share This Page:
Designed and Powered by NextClient

© 2006 - 2026 Tillena G. Clark, LLC. All rights reserved.
Theme WebExpress™ attorney website design by NextClient.com.