bars to succession Flashcards
(12 cards)
What does the Slayer Rule state?
Treats slayer-heir as if they had predeceased decedent
The Slayer Rule prevents a person who kills another from benefiting from their estate.
In the case of In re Estate of Mahoney, what happens when intestacy requires distribution to the decedent’s killer?
The estate must pass to the killer, but a constructive trust is imposed for the next of kin
This case illustrates the balance between legal rights and equitable principles.
What is the purpose of constructive trusts?
To ensure that a defendant is not unjustly enriched at the expense of a claimant
Constructive trusts redirect property to the rightful claimant.
According to the Restatement (3d) of Restitution and Unjust Enrichment, what happens to the slayer’s legal title to property?
The slayer is allowed to take legal title, but equity intervenes for someone with a superior equitable claim
This principle promotes fairness in property distribution.
What are the three UPC Slayer rules?
- Bars inheritance in trusts and wills for slayer
- Slayer is treated as predeceasing the victim
- No conviction requirement
These rules simplify the process of barring inheritance for slayers.
What is the legal interpretation of mercy killing in relation to the slayer rule?
Assisted suicide is not considered an unlawful or intentional killing
Courts have differentiated between assisted suicide and intentional homicide in this context.
Define an ‘unworthy heir’.
One whose conduct bars them from inheritance, such as a slayer or a spouse who abandons their partner
This concept protects the integrity of inheritance laws.
What is a disclaimer in the context of inheritance?
When an heir or devisee refuses to take property
often for the purposes of for tax reduction or to protect against creditors.
How can disclaiming an inheritance lead to tax avoidance?
If you disclaim an heir, the money goes directly to their children, avoiding taxes on the transfer
This strategy is limited by federal tax liens.
What property benefits can result from a disclaimer?
Avoiding payments for cleaning up environmental costs or debts on the property
This can be a strategic move for heirs facing potential liabilities.
How does disclaiming an inheritance affect creditors?
If you disclaim, creditors cannot claim the money you were supposed to inherit
This protection does not apply to Medicaid or IRS debts.
What are the steps to disclaim an inheritance?
1) Must be in writing
2) Cannot utilize the property once disclaimed
3) Need to disclaim within 9 months of death (for minors, 9 months after age of majority)
These requirements help formalize the disclaimer process.
