Why Killers and Abusers Lose Their Inheritance in California

If someone commits a terrible crime against a family member to get their money, should the criminal still receive an inheritance?

California law says absolutely not.

Probate Code sections 250 through 259 cover what happens when someone commits homicide or abuses an elder. These rules ensure that bad actors cannot profit from their crimes.

The "Slayer Rule" for Homicide

If a person feloniously and intentionally kills someone, they lose all rights to that person's money and property.

Under Section 250, the killer cannot:

• Inherit anything from a will or a trust.

  
  

• Take property through state intestate rules if there is no will.

  
  

• Collect life insurance payouts as a primary beneficiary.

  
  

• Serve as an executor, trustee, or guardian.

  
  

The law treats the killer as if they died before the victim. That means any money or property goes to other legal family members instead.

If people own property together as joint tenants and one kills the other, Section 251 severs that joint tenancy. The victim's half of the property passes safely to their own estate, and the killer gets zero survivorship rights.

How Courts Prove the Crime

Under Section 254, a final criminal conviction for murder or voluntary manslaughter is enough to block the killer automatically.

If there is no criminal conviction, the civil court can still decide. A judge can look at the evidence using a standard civil rule—a preponderance of the evidence—to determine if the killing was intentional and felonious.

Penalties for Elder and Dependent Adult Abuse

The law also protects older and vulnerable adults from financial predators. Under Section 259, if someone is found liable in bad faith for physical abuse, neglect, or financial abuse of an elder, severe penalties apply.

The abuser is legally treated as if they predeceased the victim. They lose the right to receive any property or damages from the estate, and they are banned from acting as a fiduciary or trustee.

The Big Lesson

California law draws a hard line. You cannot commit a crime or abuse an older adult to grab someone's wealth. The legal system strips wrongdoers of all inheritance and fiduciary rights.