Impact of Kentucky’s Slayer Statute on Inheritance Rights
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Kentucky, the “slayer rule” prevents an heir who unlawfully and intentionally kills the decedent from inheriting from that person’s estate. The rule appears in KRS 391.090, which states that anyone who feloniously and intentionally causes the death of the decedent “shall not inherit” under any will or by intestate succession. If a disqualified heir stands to receive property, the law treats that person as having died before the decedent.
Key points under KRS 391.090 (Kentucky Revised Statutes § 391.090):
- Felonious and Intentional Killing: The heir’s act must be both intentional and rise to the level of a felony.
- Disinheritance Effect: The slayer is treated as if they predeceased the decedent, so they lose both intestate and testamentary rights.
- Redistribution of Share: The disqualified share passes to other heirs as if the killer were dead at the time of decedent’s death. In a will situation, the share falls into the residuary or passes by intestacy.
- Court Determination: A criminal conviction of murder or manslaughter serves as conclusive proof. In absence of a conviction, a probate court may bar inheritance if it finds, by a preponderance of the evidence, that the heir unlawfully and intentionally caused the death.
How It Works in Practice
For example, if A names B (A’s sibling) as sole beneficiary in a will, and B kills A, B cannot take under the will. Instead, A’s estate distributes as though B died before A. If A has other siblings or parents, they divide the estate per intestacy rules under KRS 391.020 and KRS 391.030.
If the killer held property in joint tenancy with right of survivorship, the slayer statute severs the joint tenancy, and the killer’s share passes to the remaining co-owners or other heirs.
Helpful Hints
- Gather all relevant evidence if a slayer claim arises: police reports, autopsy records, and witness statements.
- Understand that a criminal conviction simplifies the probate process but isn’t strictly necessary to apply the slayer rule.
- Review any will and trust documents carefully for residuary clauses that may redirect a disqualified heir’s share.
- Consider potential civil remedies: an estate representative might pursue a wrongful-death or survivorship claim against the slayer.
- Consult a probate attorney early to prepare for hearings on heir qualifications and estate distribution.