Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
Under Arkansas law, the “slayer statute” prohibits an individual who feloniously and intentionally kills a decedent from inheriting from that person’s estate. Arkansas Code Ann. § 28-41-803 treats the slayer as if they predeceased the decedent for purposes of intestate succession and wills. Ark. Code Ann. § 28-41-803.
Who qualifies as a slayer? A person who feloniously and intentionally causes the death of the decedent. A criminal conviction for murder provides conclusive evidence, but courts may also rely on a preponderance of evidence in civil proceedings. Once deemed a slayer, the heir loses all rights to inherit under a will or by intestacy. The property passes as if the slayer had died first.
How is the inheritance redistributed? Under Arkansas’s intestate succession rules, the estate moves down the line to alternative heirs. If the slayer would have inherited as a child, their share instead passes to their own descendants per stirpes under Arkansas Code Ann. § 28-9-209. § 28-9-209.
Example: Adult child Alice kills her parent. Under the slayer statute, Alice is treated as predeceased. Her share of the estate goes equally to her siblings or, if a sibling is also deceased, to that sibling’s children.
Remedies and trust relief: Courts impose a constructive trust to prevent a slayer from benefiting indirectly. Any property wrongfully received is held for the rightful heirs.
If a will names the slayer as beneficiary, the gift lapses and may pass to alternate beneficiaries or under the residuary clause.
Helpful Hints
- Understand the slayer statute: Arkansas Code Ann. § 28-41-803 bars inheritance by a killer.
- Proof standards: Criminal conviction is conclusive; civil courts use a preponderance of evidence.
- Per stirpes distribution: Children of a disinherited heir may inherit their parent’s share under § 28-9-209.
- Constructive trust: Courts prevent wrongful enrichment by imposing trust remedies.
- Consult an attorney: Inheritance disputes can be complex; seek probate counsel promptly.