Elgin, IL Lawyer for the Illinois Slayer Statute
One of the oldest and most fundamental principles of justice is that no one should be allowed to profit from their own wrongdoing. In the context of inheritance law, this principle is codified in a powerful law known as the Illinois Slayer Statute. This law prevents an individual who intentionally and unjustifiably causes the death of another from inheriting from their victim’s estate. These are among the most tragic and emotionally complex cases in all of probate litigation, requiring a law firm with not only trial experience but also the utmost discretion and sensitivity.
At The Law Offices of Anthony R. Scifo, we have the specific experience needed to handle these high-stakes cases in Elgin and throughout Illinois. We understand the profound sense of injustice a family feels when faced with the possibility of a killer inheriting from the very person whose life they took. Our firm is committed to using this statute to protect your family’s legacy and ensure that justice is served within the probate court. For a free and strictly confidential consultation, call us at (847) 628-8311.
Understanding the Illinois Slayer Statute (755 ILCS 5/2-6)
The Illinois Slayer Statute is clear and direct. Its primary provision states that a person who “intentionally and unjustifiably causes the death of another” cannot receive any property, benefit, or other interest from the victim’s estate. The law effectively treats the slayer as if they had died before the victim, meaning the inheritance passes to the next rightful heirs or beneficiaries.
The Standard of Proof is Different from a Criminal Trial
This is the most critical aspect of the Slayer Statute. To disinherit the slayer, the standard of proof in the civil probate court is a “preponderance of the evidence.” This is a much lower burden than the “beyond a reasonable doubt” standard required for a criminal conviction. This means:
- A person can be blocked from inheriting even if they are found “not guilty” in a criminal murder trial.
- A slayer statute action can be successful even if the person is never charged with a crime.
Our job is to present evidence to the probate judge to prove that it is more likely than not that the individual intentionally and unjustifiably caused the death. The full text of the law can be reviewed in the Illinois Probate Act.
How the Slayer Statute Applies to Different Assets
The law is designed to be comprehensive, preventing a slayer from benefiting in any way from their victim’s death. This applies to all types of assets, including:
- Wills and Trusts: The slayer is disqualified from receiving any inheritance left to them in the victim’s will or trust. This often becomes part of a larger will and trust contest.
- Jointly Owned Property: The act of causing the death legally “severs” a joint tenancy. The slayer does not automatically inherit the victim’s share of the property; instead, the property is divided, with the victim’s share passing to their estate.
- Life Insurance & Retirement Accounts: The slayer is barred from receiving proceeds as a named beneficiary. The funds are paid to the alternate (contingent) beneficiary or, if none, to the victim’s estate.
The Legal Process for Invoking the Slayer Statute
Asserting the Slayer Statute requires a formal legal action in the probate court. As your legal counsel, we will:
- File a Petition: We will file a formal petition with the court, presenting the facts and asking the judge to rule that the individual is disqualified from inheriting under the statute.
- Conduct an Investigation: We gather all relevant evidence, which can include police reports, autopsy results, witness testimony, and forensic evidence, to build our case.
- Litigate the Case: The probate judge will conduct an evidentiary hearing or trial to determine whether the alleged slayer intentionally and unjustifiably caused the death. We will present our evidence and cross-examine the accused to prove our case by a preponderance of the evidence.
In addition to blocking the inheritance, our firm can also help the victim’s estate file a separate wrongful death lawsuit against the slayer to recover monetary damages for the family’s loss and suffering.
Frequently Asked Questions About the Slayer Statute
Does this statute apply in cases of accidental death or self-defense?
No. The statute requires that the death be caused “intentionally and unjustifiably.” It does not apply to accidental deaths, such as a tragic car accident, or in cases where the killing was legally justified, such as a clear act of self-defense.
What happens to the slayer’s share of the inheritance?
The law is very specific: the property passes as if the slayer had died before the victim. This means the assets will go to the next person or people in line to inherit, as named in the will or trust, or according to Illinois’s laws of intestate succession if there is no will.
How can you prove the case without a criminal conviction?
We build a civil case independent of the criminal proceedings. We can subpoena evidence and depose witnesses to establish the facts. Because the burden of proof is lower, we can succeed in probate court even with evidence that might not be sufficient for a criminal conviction.
Seeking Justice for an Unspeakable Wrong
In the face of an unimaginable tragedy, your family deserves to know that the law is on your side. The Law Offices of Anthony R. Scifo has the specific experience and resolve required to handle these incredibly sensitive and difficult cases and ensure that justice prevails.
Call our Elgin office today at (847) 628-8311 for a free and strictly confidential consultation.