Legal Question in Wills and Trusts in California
inheritance and homicide
hi,
i would like to know if this means the killer would also lose his/hers share in the property also? say if this where a married couple and one spouse kills the other and is convicted. would the murdered spouse's next of kin get the entire property etc. and the murderer lose all claim to what he/she had owned jointly with the murdered spouse?
thank you, callie
(law)
inheritance & homicide
forfeited rights
Once the above are established, then the killer is perceived as having ''predeceased'' the murdered person. this means that any rights the killer once had to the decedent's estate are passed to whoever is next in line to inherit or manage the estate (as if the killer never existed as an heir).
the killer will therefore lose all rights to the following:
separate, joint, or quasi-community property
bond or life insurance benefits
any nomination as executor, trustee, guardian, or conservator in the decedent's will or trust
1 Answer from Attorneys
Re: inheritance and homicide
I really should start out by saying why are you asking this question. But this is a dancer is no, a person convicted of homicide may lose any interest the date would've had in the property as a result of the death of personally killed. But, as to their own interest in the property that is maintained. It also depends on who the personally killed was in relation to them for certain purposes. I understand this because I was in the trial regarding attempt to take away the community property portion of a person who had killed his wife. Interesting situation.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
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