Monday, May 28, 2018

California: Heirs Risk Forfeited Inheritance & Murder Charge If They Kill Victims Under Void Assisted Suicide Act

This article was published by Choice is an Illusion on May 25, 2018

Margaret Dore
By Margaret Dore, Esq

In California, a person commits murder in the first degree via "willful, deliberate, and premeditated killing."[1] California also has "slayer statutes," providing that murderers shall not inherit from their victims. As an example, California's Probate Code states:
(a) A person who feloniously and intentionally kills the decedent is not entitled to any of the following:
(1) Any property, interest, or benefit under a will of the decedent, or a trust created by or for the benefit of the decedent or in which the decedent has an interest ...  [2]
With the passage of California's so called "End of Life Options Act," an exception was created for actions taken in accordance with the Act's provisions, which did not " for any purposes, constitute suicide, assisted suicide, homicide [murder], or elder abuse under the law."[3] 

With the Act now declared unconstitutional (void ab initio), adult children hoping to profit from killing their parents may instead find themselves charged with murder and disqualified to inherit.

Footnotes:

[1]  California Penal Code § 189Murder; degrees 
[2]  California Probate Code, § 250, "Person feloniously and intentionally killing decedent; entitlement to decedent's property; effect on decedent's estate.
[3]  End of Life Options Act, Part 1.85, § 443.18 (second sentence)

1 comment:

Janice Brown said...

Thank God we are going to get rid of this law. It was passed in the dark of night, The voters were not told about it. This should be enough to impeach Brown and his Attorney General.
AND they don't tell you that it doesn't always work and you can die in agony! Did they also tell you how much the drugs cost? Thousands of dollars - the price went up immediately after the law (?) passed. Who payes for this? The Governor? The Attorney
General? Our lawmakers? No we the taxpayers pay and we never got the chance to vote! Janice Brown

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