Arrington, VA asked in Probate for Virginia

Q: With VA slayer statute, who pays slayers debts ?

This was a murder suicide. I understand slayer deemed to have died first in these cases and victims family becomes heirs to everything. What happens to skaters debt, and who pays slayers funeral expenses?

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2 Lawyer Answers
James H. Wilson Jr.
James H. Wilson Jr.
PREMIUM
Answered
  • Probate Lawyer
  • Glen Allen, VA
  • Licensed in Virginia

A: The Virginia slayer statute does not address the slayer's debts or funeral expenses.

When a person dies, the debts become debts of the estate. Funeral expenses are normally paid by the next of kin.

Ross Cameron Hart agrees with this answer

Ross Cameron Hart
Ross Cameron Hart
Answered
  • Probate Lawyer
  • Salem, VA
  • Licensed in Virginia

A: If this has happened in your family or close friend, you have my deepest sympathy.

Mr. Wilson is correct - Virginia law doesn't address the issue. What Virginia law does is prevent the slayer (or his estate) from profiting - getting money - from his crime. That means that anything that the slayer might have gotten from joint accounts, joint ownership of property, etc. is blocked. Beyond that it can get real complicated.

Every estate is different and there are several ways to handle it, some more expensive and bigger hassle than others. For this reason I always recommend a consultation with an experienced probate lawyer to get an idea of what the problems in administration would be. This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it seems that you need a lot more than an internet answer. Find and sit down with an experienced attorney in your area – there is a ‘search’ feature that can help you.

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