A veteran estate litigation attorney explains how California’s “Slayer Statute” may apply in high-profile homicide cases.

Somerville, New Jersey – The tragic deaths of Rob Reiner and his wife, Michele Singer Reiner, and the subsequent arrest of their son Nick have raised numerous legal and financial questions for many people. Among those questions is, can and should Nick, as the accused killer, still receive his inheritance? The short answer is not likely.

Although parricide is rare, it accounts for approximately 2% of homicides in the United States, and of that number, only about a quarter involve the killing of both parents.

While investigators work to piece together evidence in this parricide case, and try to bring the Reiner family justice through the criminal system, important legal and financial questions remain for the three other Reiner children: Jake, Romy, and Tracy (adopted). Rob Reiner, an accomplished Hollywood director, and his wife, Michele, had an estimated net worth of over $200 million. Many have asked whether Nick Reiner would still be entitled to any inheritance from his parents.

Under California’s Probate Code, sections 250-259 (also known as the “Slayer Statute”), if Nick is found to have “feloniously and intentionally” killed his parents, he would be precluded from receiving “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.” California’s Slayer Statute goes on with more specificity as to all kinds of other prohibitions against Nick, but the overall spirit and language of the law is clear. Children who kill a parent are not entitled to receive estate benefits from the person they killed.   

Of course, since Nick Reiner has not yet been convicted, and is still presumed innocent under the law, he could try to make an argument that he is entitled to at least some portions of his parents’ estate until the conclusion of the murder trial. Such monies could help fund his legal defense. However, if the other beneficiaries of the estate desire to stop such preliminary distributions, they also could bring their own action in California Probate Court to try prevent any proceeds from being distributed until after the murder trial has concluded.

What all of this means is that, while all four Reiner children will have to say goodbye to their parents, Nick likely will also have to say goodbye to his parents’ money.

Theresa A. Lyons, Esq., MSW is a lawyer, social worker, and the Managing Partner of Lyons & Associates, PC, a law firm that represents clients in many matters, including estate planning and litigation issues.  Fabian T. Ardila is a law student at Seton Hall University and also serves as a 2ndLieutenant Firefighter in Raritan New Jersey. They can be reached at 908-575-9777.  www.lyonspc.com