Legal Question in Wills and Trusts in Virginia
Virginia Slayer law
In the case of a murder/suicide, I understand that joint property passes to the estate of victim as if the slayer predeceased, but what about joint debts? How are bills on joint accounts assigned to the estate of the victim and the estate of the slayer? What if the debt is secured by joint property, like a home equity line or mortgage on property that passes to the estate of the victim?
1 Answer from Attorneys
Virginia's so-called slayer statute found at Va. Code Secs. 55-401 thru 415
apparently makes no reference to the issues which you have raised but appears to deal only with assets which may exist at the time of the decedent's demise
whether they be denominated as proceeds from life insurance, retirement funds,
benefits under a will or intestacy, etc. and apparently makes no attempt to determine as to how existing debt(s) should be apportioned/assigned to prevent the unjust enrichment of the slayer or of those who might seek to claim under him.