Every now and again clients ask what happens when someone murders someone for an inheritance. Can the murderer inherit from the victim’s estate? The simple answer is: No. If the potential beneficiary of certain assets murders the decedent, he or she is denied inheriting from the decedent’s estate – including both probate and non-probate assets.
Under Minn. Stat. §524.2-803, if a beneficiary murders the decedent, he or she is not entitled to any benefits or assets he or she would have otherwise inherited. This applies to assets distributed under a Will, intestate succession, exempt property, family allowance, joint tenancy, contractual agreement and/or life insurance policies. If this occurs, the property essentially passes as if the murderer had predeceased the victim and would pass onto contingent beneficiaries, contingent devisees or through the intestate succession.
The Minnesota Legislature recently amended Minn. Stat. §524.2-803 to provide options for the personal representative or other interested parties to be able to protect the property in a decedent’s estate before the finding or conviction of the alleged murderer. The changes allow an individual to file with the court an inventory of the decedent’s estate and the court can then determine the appropriate relief or steps to take to protect the property.
You can find the changes to the law in the underlined language here.
