Legal Question in Personal Injury in Maryland
wrongful death
in maryland the defendant is presumed to have died before the victim,does that change erisa benefits to go to the estate. defendant murdered his wife and is survived by two adult children. he filed for retirement benefits before the act.
1 Answer from Attorneys
Re: wrongful death
The wording of the question lends curiously to an assumption that this is a school assignment. Going against this assumption I will provide insight.
Maryland's slayer rule is arguably the strictest in the Nation. It disinherits not only the slayer but the progeny of the slayer. This addresses the basic facts concerning your question.
The slayer rule is in opposition to ERISA's pre-emption of state law. ERISA does not have equivalent slayer provisions, thus requiring the administrator to pay benefits as designated. The specific issue of opposition with the slayer rule was declined for resolution during the Supreme Court's hearing of Eglehoff during the 2001 term, see 532 U.S. 141, 152 (2001).
The opposition with Federal preemption of ERISA and state law has not been settled with many legal issues. There analysis and litigation of these matters are certain to keep attorneys busy.
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