SB 242 – AS AMENDED BY THE SENATE
02/16/06 0836s
2006 SESSION
08/09
SENATE BILL 242
AN ACT prohibiting a person charged with unlawfully killing a decedent from taking from the decedent’s estate.
SPONSORS: Sen. Gottesman, Dist 12; Sen. D’Allesandro, Dist 20; Sen. Clegg, Dist 14; Sen. Foster, Dist 13; Rep. Dokmo, Hills 6; Rep. Harvey, Hills 21; Rep. Mooney, Hills 19; Rep. Knowles, Straf 6; Rep. Drisko, Hills 5
This bill prohibits a person charged with unlawfully killing a decedent from taking from the decedent’s estate.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/16/06 0836s
06-2314
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT prohibiting a person charged with unlawfully killing a decedent from taking from the decedent’s estate.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Distribution Upon Intestacy. Amend RSA 561:1 by inserting after paragraph III the following new paragraph:
IV. Notwithstanding the provisions of paragraphs I and II, the probate court shall prohibit any person convicted of the unlawful killing of the decedent from taking from the decedent’s estate through its distribution and disposition, including property held between the person charged and the decedent in joint tenancy or by tenancy in the entirety. The court shall consider any person convicted of the unlawful killing of the decedent as predeceasing the decedent for the purpose of distribution and disposition of the decedent’s estate, including property held between the person charged and the decedent in joint tenancy or by tenancy in the entirety. This presumption shall also bar the heirs and devisees of the person convicted of the unlawful killing of the decedent from participating in any distribution of the convicted person’s share of the decedent’s assets, unless such persons are the children or issue of the decedent. The bar to succession shall apply only to murder in the first degree, murder in the second degree, or manslaughter; it shall not include negligent homicide in the death of the decedent. No probate court shall allow or approve the distribution of any accused person’s share of the decedent’s assets until a final verdict or final finding has been rendered in the court hearing the criminal case, including the final results of all appeals and retrials, if any. If the court hearing the criminal case determines the accused is not guilty of the unlawful killing of the decedent, the accused may take by descent or distribution from the decedent’s estate under law. The provisions of this paragraph and any order of a court entered pursuant to this paragraph, shall have no effect on title to real property except against the person charged with an offense to which this section applies, or that person’s heirs and devisees. Notwithstanding the provisions of this paragraph, persons other than the person charged with the unlawful killing of the decedent may receive the shares of the estate to which they are entitled prior to a final verdict or final finding of guilt in the case of the person charged with unlawful killing of the decedent.
2 Effective Date. This act shall take effect January 1, 2007.