Article on Slayer Statutes and Elder Abuse

Linda Kisabeth (Associate Professor at Thomas M. Cooley Law School) has recently published an article entitled, Slayer Statutes and Elder Abuse: Good Intentions, Right Results? Does Michigan’s Amended Slayer Statute do Enough to Protect the Elderly?, 26 Quinn. Prob. Law Jour. 373 2013.  Below is an excerpt of the introduction provided by LexisNexis:

The idea of killing for financial or other types of gain dates back to biblical times. ¹ While that may be socially and morally wrong, whether the law prevents one from benefiting from killing, or perhaps now from abusing, neglecting, or exploiting, is not quite as clear as one may think.
 
There is a dictum in our society that one shall not benefit from his wrongdoing. In particular, no killer shall be allowed to benefit from having committed a wrongful killing. This principle, carried through the common law, is the rationale behind the slayer rules statutorily codified in many states, including [Michigan]. A slayer rule is a law that prohibits a killer from benefiting from the victim’s death. ²
 
All states have slayer rules that are statutorily codified or exist through common law that specifically prevent a killer from inheriting from his or her victim. ³ These rules are sometimes referred to as the “unworthy heir” exception to inheritance patterns that extinguish inheritance rights of a wrongdoer. ⁴ Michigan’s slayer rule is codified in its Estates and Protected Individuals Code section entitled, in part, Forfeiture and Revocation of Benefits. ⁵ The statute mandates that one who feloniously and intentionally kills the decedent forfeits all benefits with respect to the decedent’s estate. ⁶ Michigan recently amended its slayer statute to also prevent an individual who is convicted of committing abuse, neglect, or exploitation with respect to the decedent from inheriting from the decedent’s estate. ⁷