By Matthew Stucki
In the world we live in, we are constantly filled with news of crimes committed all over the world. Many of these crimes include fraud, deceit, and murder. In law school, I participated in a mock trial wherein it was alleged that an individual staged his death as an accident in order to ensure that his wife would receive a recently purchased life insurance policy. The Defense Attorney in the mock trial argued that the insurance company was not obligated to pay on the insurance policy because the husband willfully took his own life.
These types of stories bring up a very important question: Should a person be able to benefit himself or someone he or she knows from his or her own wrongdoing? More specifically, in the context of estate planning, can a beneficiary of a Last Will and Testament or life insurance policy accelerate his or her inheritance by purposely killing the maker of the Last Will and Testament or owner of a life insurance policy? As you likely expected, the answer is NO!
In most states, state legislatures have promulgated statutes known as the “Slayer Statutes” to deal with heirs that decide to murder in hopes of inheriting money or property sooner. Idaho is one of these states. Under Idaho law, a murderous heir is treated as if he or she predeceased or died before the person he or she killed. As a result, the murderous heir is prohibited from inheriting any money or property from the individual he or she killed. The public policy behind the Slayer Statutes is straightforward; a murderous heir should not reap any financial benefit from a person he or she killed.
For questions regarding the Slayer Statutes or any other unusually circumstances involving estate planning, feel free to call at 877-232-6101 or 208-232-6101 for a consultation with Matthew P. Stucki and the Racine Olson team of Estate Planning attorneys in Pocatello, Idaho Falls, or Boise. You can also email Matthew P. Stucki directly at mps@racinelaw.net. We will answer your Idaho Estate Planning questions.
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