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Estate Administration Estate Planning Estate Tax Litigation Probate Surrogate’s Court Practice Trust Administration

What Happens to Nick Reiner’s Inheritance?

Sean R. Weissbart —

Sean Weissbart's headshot photo

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.

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Estate Administration Estate Planning Litigation Probate Surrogate’s Court Practice

No One Can Contest a New York Will If It Includes an In Terrorem Clause. Right? Right?!?!?!!?

Sara K. Osinski —

Unfortunately, including an in terrorem (“no contest”) clause in your Will does not make it impenetrable under New York law.

Although New York law recognizes in terrorem clauses as valid,[i] they are narrowly construed by the courts. An in terrorem clause in a Will threatens that if a beneficiary challenges the Will, such beneficiary (and, typically, all of his or her descendants) will be treated as if he or she predeceased the testator, thereby disinheriting the beneficiary. The purpose of an in terrorem clause is to discourage litigation and ensure that the testator’s intentions are carried out.

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