Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Alabama law, the slayer statute prevents a person who unlawfully and intentionally kills a decedent from inheriting from that decedent’s estate. This rule appears in Ala. Code § 43-8-81. A person found to have feloniously caused the death of the decedent is treated as if they predeceased them. The court bars any intestate share, will gift, or trust distribution to that individual.
Key points under Alabama law:
- Triggering event: A felony conviction for homicide or a civil finding by clear and convincing evidence that the heir intentionally caused the decedent’s death.
- Legal effect: The slayer is deemed to have predeceased the decedent. Their inheritance passes as though they were not alive at the decedent’s death.
- Application to gifts: Alabama law also voids any lifetime gift or bequest to the slayer under Ala. Code § 43-8-83. The property returns to the estate and passes according to the will or intestacy rules.
- Burden of proof: The court relies on a final criminal conviction. Absent a conviction, interested parties may petition probate court and present evidence at a hearing.
- Substitute takers: Because the slayer is treated as if they died first, their share typically passes to their descendants per per stirpes rules or to the next heir in line under intestacy.
In practice, family members or personal representatives can file a petition with the probate court to enforce the slayer statute. The court then examines evidence, which may include criminal records, witness testimony, and forensic reports. If the court finds that the heir meets the slayer criteria, the court issues an order denying inheritance and redistributes the share according to the will or Alabama’s intestacy laws (Ala. Code § 43-8-3).
Helpful Hints
- Gather official records: Obtain criminal judgments or court findings to support your petition.
- Check timing: File your slayer petition promptly during probate to avoid distribution delays.
- Consult an attorney: A probate lawyer can guide you through evidentiary and procedural requirements.
- Understand per stirpes: Learn whether the disinherited heir’s descendants may step into their share.
- Review the will: Confirm whether the will contains specific anti-slayer clauses or instructions.
- Keep communication open: Notify all interested parties early to reduce disputes and litigation costs.