The Slayer Statute: A Spooky Twist on Estate Planning for Halloween
Halloween is the perfect time for spooky tales of ghouls, ghosts, and… estate planning? While it may not sound as thrilling as a haunted house, there’s one eerie legal provision that deserves the spotlight this season: California’s Slayer Statute. Think of it as the ultimate curse for those who commit a monstrous deed—the law ensures that no one who feloniously and intentionally kills another can inherit from the decedent. It’s like a legal trick with no treat!
Let’s unwrap this legal ghost story and see how California keeps wrongdoers from getting their hands on a deceased person’s treasure chest of wealth.
1. Cal Probate Code § 250: No Haunting the Will!
In California, there’s no hiding under a sheet for those who commit the ultimate crime. According to Cal Probate Code § 250, if someone feloniously and intentionally kills another person (yikes!), they’re immediately disinherited. Imagine the law treating them as though they dropped dead before the victim—no spooky séances or haunting to change this rule! The killer gets nothing from the will, trust, or any of the deceased’s property. It’s as if the evil-doer vanished into thin air from the inheritance list.
2. Cal Probate Code § 251: A Creepy Cut in Joint Tenancies
What if the slayer was living in a haunted house—er, property—owned in joint tenancy? According to Cal Probate Code § 251, when one joint tenant spooks (kills) another, their ownership rights get a terrifying chop. Normally, joint tenants inherit each other’s shares, but when one turns into a real-life villain, the spooky law steps in and severes their survivorship rights. The killer is kicked out, and the decedent’s share passes to their heirs, leaving the villain with no treasure.
3. Cal Probate Code § 252: Ghosting Life Insurance Benefits
Here’s where it gets even creepier: the slayer statute doesn’t just haunt wills and trusts—it even applies to life insurance policies! Under Cal Probate Code § 252, if someone intentionally kills the person they’re supposed to collect insurance on (talk about dark motivations!), they lose all rights to those benefits. The law treats the killer as if they were a ghost—as if they had already died before the person they murdered. So, no cashing in on someone’s life insurance from beyond the grave!
4. Manslaughter: Not Always as Ghoulish
Of course, not every unlawful killing is a full-on horror show. Cal Pen Code § 192 explains the different types of manslaughter—voluntary, involuntary, and vehicular—which involve killing without malice. While this may still disqualify someone from inheriting, it doesn’t always trigger the full curse of the slayer statute. So, the law doesn’t turn every manslaughter case into a zombie situation. But tread carefully—it’s still a frightful path.
Why the Slayer Statute is a Must-Know for Your Haunted Estate Plan
While we may joke about spooky legal rules, the Slayer Statute is one law that’s dead serious. As estate planning professionals, it’s our job to make sure the wrongdoers don’t walk away with the riches of those they’ve wronged. Just like a proper ghost story needs its plot twists, an estate plan needs to anticipate every possible nightmare.
So, this Halloween, when you’re drafting a will or setting up a trust, remember to ensure that no wicked witches or vampires benefit from a victim’s estate. Help your clients avoid potential horrors by weaving the slayer statute into their plans. That way, they can rest in peace, knowing their assets are protected from those with ill intent.
After all, the slayer statute is like a spooky curse—if you do the crime, you lose your treasure. And no amount of magic, potions, or creepy tricks can undo it.
Happy Halloween—may your estate plans be fright-free and your beneficiaries boo-tifully blessed! 
