There’s an awkward but somewhat appropriate saying that you shouldn’t let your beneficiaries know how much they’re going to inherit or else they may see to it that you pass sooner rather than later. If Junior knows he’s getting a big chunk of the estate from Dad’s will, he may be incentivized to make sure Dad passes before he has a second thought. Luckily for North Carolina residents, the Slayer Statute exists.
In North Carolina, a person who causes the death of another is prohibited from benefiting from the death, meaning they are precluded from inheriting from the deceased’s estate, but they’re also prohibited from receiving non-probate life insurance proceeds as well.
Not Just Limited to Murder
The Slayer Statute is broad enough to encompass all forms of causation, whether they are criminal or civil in nature, or intentional or negligent. For example, a murderer would obviously be covered by the statute, but so would a drunk driver who kills a passenger in his car, or a husband who negligently installed a gas stove and led to the house burning down and killing his wife.
Requires a Legal Conclusion
In order to be considered a “Slayer”, a person must have been judicially determined to have been responsible for the decedent’s death. That may be by virtual of plea, judge verdict, or jury verdict.
Deterrent? Maybe Not
The idea behind the Slayer Statute is to prevent killers from profiting from their misdeeds, but if the future killer has no knowledge of the Statute ahead of time, which is the case for most North Carolina residents, then it can’t possibly have a deterrent effect.
Author Bio
Paul Yokabitus
Founder & Estate Planning Lawyer
Paul Yokabitus is the founder of Cary Estate Planning, where he helps North Carolina families protect what matters most through wills, trusts, probate, and special needs planning. Known for his “planning, not paperwork” approach, Paul turns complex legal concepts into clear, practical strategies so clients feel informed and confident at every step. He has been recognized as a Business North Carolina Legal Elite attorney and a Super Lawyers Rising Star, and was named to the Triangle Business Journal’s 40 Under 40. A graduate of Campbell University School of Law, Paul lives in the Triangle with his wife, Alix, and their two sons.
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How We Help North Carolina Families
Paul and his team at Cary Estate Planning are fully committed to creating a personalized experience to develop thorough and comprehensive estate plans. They value their clients and go above and beyond to make sure that no details are missed. I would highly recommend Paul to anyone looking to create an estate plan.
I was referred to Paul by my Real Estate Attorney and I could not say enough about how exceptional the client service has been from everyone I spoke to. The communication is prompt and I feel like they really took the time to answer all my questions and set things up exactly as I wanted, but also recommended things to make it easier on my family down the line.
After attending one of Paul’s estate planning seminars, my husband and I knew we wanted Paul to assist us with our estate planning. His honest, professional approach to this necessary part of life put us at ease with the process. We will continue to recommend Paul and Cary Estate Planning.
We had a great experience working with Paul Yokabitus and the team at Cary Estate Planning to set up our Will and Estate Plan. The process was clear and easy, and in the age of COVID, our signing session was very well done, easy, and safe.
The Cary Estate Planning team will make sure that you have the information you need to be confident in your estate planning decisions. I learned so much from videos, a one-on-one in-person consultation, the website, emails, and a newsletter mailed the old fashioned way. The fee is very reasonable given the importance of estate planning. No matter the size or number of your assets, don’t procrastinate like I did!
Paul is a masterful attorney. He’s very good at taking your intentions and defining that into a durable Trust and Will. Best of all he is as simple and plain-spoken as you like. Or as fast as intellectual as you may be. It’s all about your your speed and your desired outcomes. Would strongly recommend this firm.
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