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Will I Inherit from My Husband or Parent If I Kill Them (Part II)? The Answer Could be Yes

Posted on | September 26, 2008 | No Comments

A Wisconsin court has ruled that giving a loaded shotgun to a suicidal parent is not the proximate cause of the parent’s death (although it is the actual or but-for cause), so that a wife and daughter of the man may inherit his $500,000 estate. The man was terminally ill with lymphoma and his wife and daughter took him directly from the hospital (where he had only a one day pass to leave) to a cabin, gave him the loaded shotgun and left him.

The Wisconsin Slayer Statute (Read here about California’s Slayer Statute – Will I Inherit from My Parents if I Kill Them? Part I) prohibits those who “intentionally kill” another from inheriting from the person. California’s statute has basically the same language, and it is not clear what the result would be on the same facts here. The wife and daughter were embattled in probate litigation (See What is Probate?), and the case will likely be heard by the Wisconsin Supreme Court. You can read the full story here.

Category: Current Events, Probate, Probate Litigation, San Diego Estate Planning, Will Contests, Wills
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Jury Finds San Diego Probate Agent Murdered By Beneficiary of Will

Posted on | September 11, 2008 | No Comments

Michael Ray Jennison was found guilty of second degree murder of a real estate agent hired by a local San Diego probate lawyer. [See the first report here and the second report here.] Jennison inherited part of a condominium from his grandmother (see “What Will Happen If I Die Without A Will?“). Probate agent James Magot was hired to handle the sale of the property, but placed a competing bid against Jennison for its purchase (the forced sale was truly one “Disadvantage of Probate“). The agent and Jennison were involved in an altercation witnessed by a neighbor, after which Jennison shot the probate agent twice in the head. Jennison faces a life sentence.

Category: Current Events
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“Will I Inherit from My Parents if I Kill Them?” California Slayer Statute - A Common Sense Answer

Posted on | September 9, 2008 | No Comments

A lot can hang in the balance upon the death of a person. Although not every family murder is driven by a large inheritance, it has happened enough that a general rule of law has formed to prevent the person from benefiting from the crime. Not only has the rule of law been postulated by various United States courts, it has also been codified into statute in almost every jurisdiction. The following rule is part of a larger statutory system designed to prevent those who commit crimes from profiting from them.

The California Probate Code states that a person who “feloniously and intentionally kills the decedent is not entitled” to “any property, interest, or benefit under a will of the decedent, or a trust created by or for the benefit of the decedent in which the decedent has an interest, including any general or special power of appointment conferred by the will or trust on the killer and any nomination of the killer as executor, trustee, guardian, or conservator or custodian made by the will or trust.” California Probate Code § 250.

Category: Probate, Probate Litigation, Wills and Trusts
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San Diego Probate Lawyer Hired the Probate Agent Allegedly Murdered by Beneficiary of Will

Posted on | September 5, 2008 | No Comments

A neighbor witnessed Michael Ray Jennison shoot probate agent and realtor James Magot twice in the head after a brawl involving the sale of a condominium. Magot was apparently hired by a San Diego probate lawyer to handle the sale of the property, but instead attempted to buy it himself through a competing bid against one of Jennison’s friends. Jennison inherited the condominium from his grandmother, who had cared for him since the age of 12.

Jennison, now 38, was apparently in the custody of his grandmother because his mother, an alleged alcoholic and methamphetamine user, physically and emotionally abused him – at one point breaking his jaw. Jennison’s grandparents isolated and belittled him, and his aunts described him as “socially inept, withdrawn and warped by his upbringing.” After his arrest, Jennison has been suicidal and apparently has had psychotic episodes in jail – including audio and visual hallucinations. This is an update to “San Diego Probate Dispute Turns Deadly.”

Category: Current Events, Probate, Probate Litigation
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San Diego Man Who Inherited a Condo Allegedly Kills Probate Agent

Posted on | August 26, 2008 | No Comments

A San Diego probate dispute turned deadly when a local man who inherited a condominium allegedly killed a court appointed probate agent. Michael Ray Jennison inherited the condo from his grandmother, and the victim, James Magot, was hired through the court to handle the sale. But Magot made a competing bid against Jennison’s friend on the condominium, and when the three met, a dispute arose and Jennison and Magot got into a brief fight. Jennison then pulled a gun and shot Magot in the head, killing him instantly. The trial is expected to last for a couple more weeks.

Category: Probate
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