Disclaimer: This article is for informational purposes and does not constitute legal advice. For advice specific to your situation, consult a qualified attorney.
Detailed Answer
1. Overview of the Georgia Slayer Statute
The Georgia Slayer Statute, codified at O.C.G.A. § 53-2-1 and O.C.G.A. § 53-2-2, prevents individuals who unlawfully kill a decedent from inheriting from that person’s estate. The fatal act may be intentional or reckless.
2. Disqualification of an Heir
Under O.C.G.A. § 53-2-1, a person who feloniously and intentionally causes the death of another is treated as having predeceased the decedent. As a result, the killer loses any rights to inherit by intestate succession or under a will.
3. Distribution of the Disqualified Share
Once an heir is disqualified, O.C.G.A. § 53-2-2 directs that the disqualified person’s share passes as if that person had predeceased the decedent. For example, if the killer is one of three children, the estate divides among the two surviving siblings.
4. Exceptions and Legal Challenges
Georgia law allows defenses if the killing was excusable or justified, such as self-defense. A successful defense at criminal trial or probate proceedings may restore inheritance rights. Courts also examine evidence to ensure due process before disqualification.
5. Probate Procedure
During probate, interested parties may raise the slayer issue by filing a claim or objection. The executor or administrator must address the claim, and the probate court will determine disqualification before estate distribution.
Helpful Hints
- Review the exact language of O.C.G.A. §§ 53-2-1 and 53-2-2 to understand statutory definitions.
- Gather evidence of intent and circumstances if contesting a slayer claim.
- Consult a probate attorney early to protect your rights in court.
- Document self-defense or accident details to support exceptions.
- Follow Georgia’s probate timelines to file objections promptly.