In the aftermath of a loved one’s death, the grief is immense. But that grief can turn to horror if you suspect that an heir or beneficiary played a role in causing that death for financial gain. The idea that someone could profit from such an appalling act is morally reprehensible, and thankfully, Illinois law agrees. A legal principle known as the Slayer Statute exists to prevent a wrongdoer from inheriting from their victim.
At The Law Offices of Anthony R. Scifo, we handle these profoundly sensitive and complex cases with the gravity and tenacity they demand. Applying the Slayer Statute requires a deep understanding of probate law and the skill of an experienced trial attorney. If you are facing the unthinkable situation of needing to disinherit a killer in the Elgin, IL area, we are here to provide the powerful legal advocacy you need. Contact our office for a strictly confidential consultation at 847-628-8311.
Seeking Justice Through the Illinois Slayer Statute in Elgin
The Illinois Slayer Statute is a critical legal tool designed to uphold a fundamental principle of justice: no one should be allowed to profit from their own wrongdoing. When there is reason to believe that a person who stands to inherit from a will, trust, or life insurance policy intentionally caused the death of the decedent, we can take legal action to prevent them from receiving any money or property.
These are not just financial matters; they are about seeking justice for your loved one and ensuring their true wishes are honored. Our firm is prepared to navigate the complexities of these claims in the Kane County courts, fighting to protect the integrity of the estate and the rightful inheritance of the other beneficiaries.
What is the Slayer Statute and How Does it Work?
The Illinois Slayer Statute, found in the Probate Act at 755 ILCS 5/2-6, is clear. A person who “intentionally and unjustifiably” causes the death of another person cannot receive any property or benefit from that person’s death. The law treats the slayer as if they had died before the victim.
The “Intentional and Unjustified” Standard
This is the crucial legal standard. It is important to understand that a criminal conviction for murder is not required to apply the Slayer Statute in a civil probate court. The burden of proof in a civil case (“preponderance of the evidence”) is lower than in a criminal case (“beyond a reasonable doubt”). This means we can succeed in a Slayer Statute claim even if the person was acquitted in criminal court or never charged at all. We must prove that it is more likely than not that they intentionally and unjustifiably caused the death.
What Assets Does the Statute Affect?
The law is broad and blocks a slayer from inheriting through nearly any means, including:
- Assets passed through a will or trust.
- Life insurance proceeds where the slayer is a beneficiary.
- Retirement accounts (e.g., 401(k)s, IRAs).
- Property owned in joint tenancy with rights of survivorship.
Essentially, any benefit that would have passed to the slayer due to the victim’s death is forfeited and is instead distributed to the next eligible heirs or beneficiaries.
Do you suspect the unthinkable? Don’t let a wrongdoer inherit.
Contact our Elgin probate litigation attorneys at 847-628-8311 for immediate help.
Our Legal Action to Disinherit a Killer
Invoking the Slayer Statute requires a formal legal action in the probate court. As experienced probate litigation attorneys, we know the precise steps to take.
- Thorough Investigation: We begin by gathering all available evidence related to the death, including police reports, medical records, autopsy results, and witness statements.
- Filing a Declaratory Judgment Action: We file a formal complaint or petition with the court. This legal action asks the judge to make a binding declaration that the individual in question meets the standard of the Slayer Statute and is therefore legally barred from inheriting.
- Conducting Discovery: We utilize the full power of the court to conduct discovery, which may include taking depositions (sworn testimony) of the accused individual and other relevant witnesses.
- Presenting the Case in Court: We meticulously present the evidence and legal arguments to the judge, demonstrating that the slayer’s actions were intentional and unjustified, and that they must be legally disinherited.
Our firm also has extensive experience in asset recovery, which can be crucial if the slayer has already taken control of property from the estate.
Why Choose Scifo Law for This Sensitive Litigation?
There is no substitute for experience and resolve in a Slayer Statute case. These are among the most serious and emotionally charged matters in all of civil law. The Law Offices of Anthony R. Scifo is uniquely qualified to handle this litigation in Elgin and Kane County.
Our reputation as tenacious, prepared, and ethical trial attorneys is well-earned. We approach these cases with the solemnity they deserve while maintaining an aggressive focus on the legal objective. We understand the immense trauma your family is enduring and provide not only superior legal representation but also the compassionate and confidential counsel you need to navigate this dark and difficult time.
Frequently Asked Questions About the Illinois Slayer Statute
What if the death was caused by negligence or was an accident?
- The Slayer Statute only applies to deaths that were caused “intentionally and unjustifiably.” It does not apply in cases of accidental death or negligence (for example, a tragic car accident). However, the line between accidental and intentional can be complex and requires careful legal analysis.
Does this apply to cases of elder abuse or neglect that lead to death?
- Potentially, yes. If it can be proven that a person’s intentional and unjustified abuse or neglect (for example, willfully withholding food, medicine, or essential care) directly caused the death of a vulnerable adult, a strong argument can be made to invoke the Slayer Statute. These are extremely fact-specific cases.
Where can I read the text of the Illinois Slayer Statute?
- The law is part of the Illinois Compiled Statutes. You can find the official text on the Illinois General Assembly’s website. The specific citation is 755 ILCS 5/2-6.
