HB1212 (2020) Detail

Relative to the effect of homicide on distribution at death.


HB 1212 - AS INTRODUCED

 

 

2020 SESSION

20-2358

08/04

 

HOUSE BILL 1212

 

AN ACT relative to the effect of homicide on distribution at death.

 

SPONSORS: Rep. McWilliams, Merr. 27; Rep. Cushing, Rock. 21

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill prohibits a person convicted of homicide to inherit the estate of his or her victim.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2358

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the effect of homicide on distribution at death.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Probate Courts and Estates; Descent, Distribution, and Advancements; Homicide Victims.  Amend RSA 561 by inserting after section 21 the following new section:

561:22  Effect of Homicide on Distribution After Death.

I.  A person who feloniously and intentionally kills the decedent forfeits all benefits under this chapter with respect to the decedent’s estate, including an intestate share, an elective share, an omitted spouse’s or child’s share, a homestead allowance, exempt property, and a family allowance.  If the decedent died intestate, the decedent’s intestate estate passes as if the killer disclaimed his or her intestate share.

II.  The felonious and intentional killing of the decedent:

(a)  Revokes any revocable (1) disposition or appointment of property made by the decedent to the killer in a governing instrument, (2) provision in a governing instrument conferring a general or nongeneral power of appointment on the killer, and (3) nomination of the killer in a governing instrument, nominating or appointing the killer to serve in any fiduciary or representative capacity, including a personal representative, executor, trustee, or agent; and

(b)  Severs the interests of the decedent and killer in property held by them at the time of the killing as joint tenants with the right of survivorship or as community property with the right of survivorship, transforming the interests of the decedent and killer into equal tenancies in common.

III.  A severance under subparagraph II(b) shall not affect any third-party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the killer unless a writing declaring the severance has been noted, registered, filed, or recorded in records appropriate to the kind and location of the property which are relied upon, in the ordinary course of transactions involving such property, as evidence of ownership.

IV.  Provisions of a governing instrument are given effect as if the killer disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the killer predeceased the decedent.

V.  A wrongful acquisition of property or interest by a killer not covered by this section shall be treated in accordance with the principle that a killer cannot profit from his or her wrong.

VI.  After all right to appeal has been exhausted, a judgment of conviction establishing criminal accountability for the felonious and intentional killing of the decedent conclusively establishes the convicted individual as the decedent’s killer for purposes of this section.  In the absence of a conviction, the court, upon the petition of an interested person, shall determine whether, under the preponderance of evidence standard, the individual would be found criminally accountable for the felonious and intentional killing of the decedent.  If the court determines that, under that standard, the individual would be found criminally accountable for the felonious and intentional killing of the decedent, the determination conclusively establishes that individual as the decedent’s killer for purposes of this section.

VII.(a)  A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument affected by an intentional and felonious killing, or for having taken any other action in good faith reliance on the validity of the governing instrument, upon request and satisfactory proof of the decedent’s death, before the payor or other third party received written notice of a claimed forfeiture or revocation under this section.  A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed forfeiture or revocation under this section.

(b) Written notice of a claimed forfeiture or revocation under subparagraph VII(a) shall be mailed to the payor’s or other third party’s main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action.  Upon receipt of written notice of a claimed forfeiture or revocation under this section, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent’s estate, or if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents’ estates located in the county of the decedent’s residence.  The court shall hold the funds or item of property and, upon its determination under this section, shall order disbursement in accordance with the determination.  Payments, transfers, or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court.

VIII.(a)  A person who purchases property for value and without notice, or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this section to return the payment, item of property, or benefit nor is liable under this section for the amount of the payment or the value of the item of property or benefit.  But a person who, not for value, receives a payment, item of property, or any other benefit to which the person is not entitled under this section is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the

value of the item of property or benefit, to the person who is entitled to it under this section.

(b)  If this section or any part of this section is preempted by federal law with respect to a payment, an item of property, or any other benefit covered by this section, a person who, not for value, receives the payment, item of property, or any other benefit to which the person is not entitled under this section is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it were this section or part of this section not preempted.

2  Effective Date.  This act shall take effect 60 days after its passage.

Links

HB1212 at GenCourtMobile
HB1212 Discussion

Action Dates

Date Body Type
Jan. 23, 2020 House Hearing
Feb. 18, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1212 Revision: 6855 Date: Dec. 2, 2019, 11:42 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Judiciary HJ 1 P. 13
Jan. 23, 2020 Public Hearing: 01/23/2020 10:40 am LOB 208
Feb. 18, 2020 Executive Session: 02/18/2020 01:00 pm LOB 208
Committee Report: Inexpedient to Legislate (Vote 14-5; RC)
March 11, 2020 Committee Report: Inexpedient to Legislate for 03/11/2020 (Vote 14-5; RC) HC 10 P. 61
March 12, 2020 Inexpedient to Legislate: MA VV 03/12/2020