Q: My mother died. My brothers son murdered my brother. Is the son entitled to my brothers portion of my mothers estate?
The murderer son is now serving life in California State Prison.
A: That is something you can challenge in probate court. Have a lawyer review the terms of the estate's will or trust. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
A: No, your nephew would not inherit from your mother's estate. The Slayer Statute found in California Probate Code section 250 provides that the killer cannot inherit from the victim's estate, which would include this situation. In addition to a petition for probate, you would have to bring a Petition for Determination of Heirship in your mother's probate action so that the court can make a ruling to that effect. Contact an attorney for a full consultation.
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