Legal Definition
A joint tenant who feloniously and intentionally kills another joint tenant thereby effects a severance of the interest of the decedent so that the share of the decedent passes as the decedent’s property and the killer has no rights by survivorship. This section applies to joint tenancies in real and personal property, joint and multiple-party accounts in financial institutions, and any other form of coownership with survivorship incidents.
Basic Definition
Section 251: This section states that if a joint tenant intentionally and feloniously kills another joint tenant, the killer’s rights to survivorship are severed, and the decedent’s share is treated as part of their estate.
In-Depth Overview and Use Cases
Section 251 prevents a joint tenant who commits homicide from benefiting through survivorship rights. It applies to real property, financial accounts, and other jointly owned assets with survivorship provisions. Use Cases: This section is commonly used in probate litigation to sever joint tenancy when one co-owner is found guilty of killing the other. For example, if two siblings own property as joint tenants and one kills the other, the killer’s survivorship interest is eliminated, and the decedent’s share passes to their heirs or according to their will.
Application & Relevance
For probate litigation attorneys, Section 251 is a crucial tool for ensuring that wrongdoing does not result in financial gain. It supports fair asset distribution and upholds the integrity of joint tenancy agreements while preventing misuse of survivorship rights.
Legal Scenario
Executor & Administrator Breach of Fiduciary Duty
Probate Code Impact
Section 251 is relevant in cases where an executor or administrator has a conflict of interest, such as feloniously killing a joint tenant. This section ensures that the killer cannot inherit property by survivorship, severing their interest in any jointly owned assets, thereby protecting the estate and its beneficiaries.
Legal Scenario
Trust Dementia, Incapacity & Undue Influence Claims
Probate Code Impact
Section 251 applies in trust disputes involving dementia or incapacity claims, especially if a joint tenant is accused of feloniously killing another joint tenant. This section ensures that the surviving tenant does not benefit from the wrongful death, protecting the rights of the decedent’s estate or trust.
