Daughter’s husband was convicted of first-degree murder of the daughter’s mother and the daughter was convicted of perjury and obstruction of justice in connection with the investigation. The public administrator was appointed to administer the victim’s estate and moved to disqualify the daughter from taking under the victim’s will under the Illinois slayer statute because (1) the murderer would “indirectly” benefit from the inheritance and (2) under the equitable doctrine of unclean hands, daughter had attempted to frustrate the investigation of the murder. The trial court denied the requested relief and the intermediate Illinois appellate court, in In re Estate of Opalinska, No. 1–14–3407, 2015 WL 6940100 (Ill. App. Ct. Nov. 5, 2015) affirmed, holding that the statute did not apply. Daughter was not the slayer, and if the murderer did receive any of the inheritance it would be because the daughter gave it to him and not by “reason of the death.” The equitable doctrine could not change the operation of the law of wills nor is daughter receiving her mother’s estate because of her acts of perjury and obstruction of justice. In re Estate of Opalinska, No. 1–14–3407, 2015 WL 6940100 (Ill. App. Ct. Nov. 5, 2015).
Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.
