I recently sat down with People Magazine, Entertainment Tonight, WGN Radio, and ABC Eyewitness News to answer this question: What happens to Nick Reiner’s inheritance? California has a “Slayer Statute” that deprives a murderer of inheriting under a Will or Trust created by their victim. If Nick Reiner is convicted of the crime he has been charged of—two counts of first-degree murder related to the death of his parents, Rob and Michele Reiner—he will be treated as predeceasing both of his parents and cut out of their estate. He’ll also be ineligible to serve as an Executor or Trustee.
What would happen to Nick’s share of the inheritance? Neither Rob’s nor Michele’s estate planning documents are publicly available, but the most likely outcome is that Nick’s siblings will receive his share of the estate. Rob had an adopted daughter (the biological child of his first wife) in addition to the two children (other than Nick) that he shared with Michele, so if Nick is cut out, the estate would likely be divided two or three ways.
Does Nick have to be convicted for the Slayer Statute to apply? Technically not, because the Slayer Statute is a civil probate statute that does not require a criminal conviction. All that is required is that it be proven by a preponderance of the evidence that Nick “feloniously and intentionally” killed his parents. Unlike criminal trials, where a defendant’s guilt must be established beyond a reasonable doubt, the preponderance of the evidence standard would only require that it be demonstrated that it is more likely than not that Nick intentionally murdered his parents.
What if Nick is found not guilty by reason of insanity? This might be Nick’s best chance at still inheriting because if he suffered from severe mental disease at the time of the alleged crime, he would lack the mens rea (the legal term for mental state)for the Slayer Statute to apply because it requires an “intentional” act of killing another person.
To access the media coverage, please visit: Sean R. Weissbart Discusses Inheritance Questions After Reiner Tragedy.