1.32.120 Heirship by Killing

(a) No Acquisition of Property by Killing. Subject to any applicable Federal law relating to the devise or descent of land or property, no heir by killing in any way acquires any land or property or interest in any land or property as the result of the passing of the decedent, such property shall pass in accordance with this section.

(b) Descent, Distribution, and Right of Survivorship. The heir by killing shall be deemed to have predeceased the decedent as to decedent's land or property or interests in land or property which would have conveyed from the decedent or his or her estate to such heir as follows:

(1) under intestate succession under Chapter III;

(2) as the surviving spouse;

(3) by devise;

(4) as a reversion or a vested remainder;

(5) as a survivorship interest; and

(6) as a contingent remainder or executory or other future interest.

(1) Property held by only the heir by killing and the decedent as joint tenants, joint owners, or joint obligees shall convey upon the passing of the decedent to his or her estate, as if the heir by killing had predeceased the decedent.

(2) Property held jointly by three (3) or more persons, including both the heir by killing and the decedent, any income which would have accrued to the heir by killing as a result of the passing of the decedent to his or her estate, as if the heir by killing had predeceased the decedent.

(3) Notwithstanding any other provision of this section, the decedent's land or property or interest in land or property that is held in a joint tenancy with the right of survivorship shall be severed from the joint tenancy as though the land or property held in the joint tenancy were to be severed and distributed equally among the joint tenants and the decedent's interest shall convey to his or her estate; the remainder of the interests shall remain in joint tenancy with right of survivorship among the surviving joint tenants.

(d) Life Estate for the Life of Another. If the estate is held by a third person whose possession expires upon the passing of the decedent, it shall remain in such person's hands for the period of time following the decedent's passing equal to the life expectancy of the decedent but for the killing.

(e) Preadjudication Rule. If a person has been charged, whether by indictment, information, or otherwise by any lawful jurisdiction, with voluntary manslaughter or homicide in connection with a decedent's passing, then any and all land or property that would otherwise convey to that person from the decedent's estate shall not convey or be distributed by the Court until the criminal trial court dismisses the case with prejudice or the person is acquitted of the offense of manslaughter or homicide.