Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Connecticut’s slayer statute prevents a person who unlawfully and intentionally kills a decedent from inheriting from that decedent’s estate. Under Conn. Gen. Stat. § 45a-435 (slayer statute), a slayer is treated as if they predeceased the victim. The court then distributes the slayer’s share according to the probate laws that apply when someone dies before the decedent.
What Triggers the Slayer Rule?
The rule applies when a person is convicted of a felonious and intentional killing, such as murder or manslaughter, under Connecticut law (see Conn. Gen. Stat. § 53a-54a). Even without a criminal conviction, a probate court can hold a slayer hearing and disqualify an heir if the evidence shows the killing was intentional.
How Does It Affect Inheritance?
- If the slayer was a beneficiary under the decedent’s will or estate plan, the statute treats the slayer as if that person died before the decedent.
- If the slayer stood to inherit under Connecticut’s intestacy laws (Conn. Gen. Stat. §§ 45a-436–45a-463), their right to inherit ends. Their share then passes to the next eligible heir.
- The slayer rule can shift assets to siblings, nieces and nephews, or the residuary beneficiaries, depending on the family tree and the terms of the will.
Hypothetical Example
Jane Doe names her son, John, and daughter, Mary, as equal beneficiaries in her will. John intentionally kills Jane and is convicted of murder. Under the slayer statute, John is treated as if he predeceased his mother. Mary inherits Jane’s entire estate. If Mary had also predeceased Jane, the court would distribute Jane’s estate according to intestacy rules.
Helpful Hints
- Review Conn. Gen. Stat. § 45a-435 for precise statutory language and procedural requirements.
- Gather all relevant evidence of the killing for any probate slayer hearing.
- Understand that a probate court uses a preponderance of the evidence standard, not the criminal “beyond a reasonable doubt” standard.
- Consider how disqualification affects alternate beneficiaries under a will or under intestacy laws (Conn. Gen. Stat. § 45a-436 onward).
- Consult a Connecticut probate attorney early if you or your estate faces a slayer claim.