Nick Reiner and The Slayer Rule

[no_hypocrisy]

Let's face it. Nick Reiner has more to be concerned about than his prospective inheritance. My guess is that he wasn't even thinking about it.

But . . . . as a matter of academic and legal interest, he likely won't be able to inherit from either or both of his parents under the circumstances.

The slayer rule, in the U.S. law of inheritance, stops a person inheriting property from a person they murdered (so that, for example, a murderer cannot inherit from parents or a spouse they killed).

While a criminal conviction requires proof beyond a reasonable doubt, the slayer rule applies to civil law, not criminal law, so the petitioner must only prove the murder by a preponderance of the evidence, as in a wrongful death claim meaning on the civil standard of proof of the balance of probability. Hence, even a slayer who is acquitted of the crime of murder can lose the inheritance by the civil court running the estate.

So far, 47 states have codified the slayer statute, either by adopting the Uniform Probate Code (UPC) or a version of the code that includes the slayer statute.

-more-

https://en.wikipedia.org/wiki/Slayer_rule

Statutory response to slayers
At common law, American courts used two different theories when dealing with early slayer cases. Some courts would disinherit the slayer because of the public policy principle that a slayer should not profit from his crime (No Profit theory).

[Blue Full Moon]

1. Schizophrenia and the ssri causes violence

https://www.nbcnews.com/news/us-news/nick-reiner-was-diagnosed-schizophrenia-medication-was-adjusted-parent-rcna250176

[John1956PA]

2. I take Sertraline, which is a SSRI. I use it to counter mild depression.

[GreatGazoo]

4. More likely it was the meth

Like OJ

[TheRickles]

3. Rates of violence in schizophrenia are lower than baseline; rates of violence with SSRIs are significantly increased.

Both facts are easily Googleable. So Reiner's use of an SSRI may be a compounding factor, along with whatever addiction and behavioral issues were also present.

[Blue Full Moon]

5. Agreed.

Unfortunately I have seen this happen. It didn't go as far as what happened to Rob Reiner. It happened in hospital and was told by medical staff it was the Zoloft.

[hardluck]

6. California has a Slayer Statute

Probate Code 250 et seq. When I was a youngish attorney I had to interplead life insurance proceeds where the murder suspect, the husband, was the sole beneficiary of his wife’s life insurance. The case made its way up to the court of appeal and we ended up with a published decision in our favor.