Nick Reiner, the estranged son accused of murdering Hollywood star Rob Reiner and his wife, Michele Singer Reiner, could stand to inherit from his dead parents’ trust. The potential obstacle? California’s Slayer Statute.
Despite being accused of killing his parents, Reiner stands to inherit under a trust worth around $1.6 million. However, when Reiner’s lawyer, Anita Wu, petitioned a probate court in Los Angeles to compel a trustee to release those funds to Reiner, the trustee pushed back, arguing that the California Slayer Statute prevents him from receiving that money.
California Probate Code § 250, more commonly referred to as California’s Slayer Statute, provides that a person who “feloniously and intentionally kills the decedent” is barred from inheriting from the victim’s estate or receiving benefits under the victim’s will or trust.
California does not require a criminal conviction for the Slayer Statute to apply. A “felonious and intentional killing” may alternatively be established by an independent determination by the probate court. In the absence of a final criminal conviction, a probate court may determine that it was “more likely than not” that the alleged killer committed the felonious and intentional act. This is a much lower standard of proof than that imposed by criminal law.
Reiner’s attorney is arguing that because he was only accused of, and not yet convicted of, first-degree murder, Reiner should not be stopped, at least initially, from receiving trust funds that he was entitled to receive long before his parents’ death. Indeed, Reiner seeks to use some of the trust funds to pay legal fees in his criminal case, creating a circular conundrum.
New York’s Slayer Rule
New York’s rule is nearly identical to California’s rule in all material respects, including that a criminal conviction is not necessary to prevent inheritance, and that a “more likely than not” standard will apply. New York has expanded the rule to prohibit the following inheritances:
- Wills: The disqualified beneficiary is deemed to have predeceased, and the gift passes to alternate or residuary beneficiaries.
- Intestacy: The estate passes as though the slayer were not alive.
- Life Insurance and Retirement Accounts: The slayer is barred from receiving proceeds; benefits pass to contingent beneficiaries or the estate.
- Joint Tenancy: The survivorship feature is severed. The slayer retains only his or her original contribution to the whole.
- Trust Interests: Beneficial interests are extinguished.
- Equitable Extension: Courts have extended the slayer rule to prevent a killer from indirectly inheriting a victim’s assets via a secondary heir. For example, if the slayer is disqualified, they cannot later inherit from the estate of the person who received the disqualified share.
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