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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2677
Experience:  associate attorney
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This is a complicated one: My daughter lives in Maryland,

Customer Question

This is a complicated one: My daughter lives in Maryland, her boyfriend, father of her two kids shot and Killed his stepmother and stepbrother in March 2016 and a month later he died in jail. He was charged with the murders, but never went to trail or was convicted of these charges because he passed away in Jail a month later. Now his stepmother had a life insurance policy and he is listed on it along with others. Now the problem is that the insurance company is out of Delaware and they dont know how to split the money up because of Slayer Law and they are putting it into the hands of the Delaware Judge to decide and my daughter was told that she needs a lawyer to explain to the judge why his kids should have his share. The story can be google, it happen in Elkton Maryland (Cecil County) and the name is*****
Submitted: 3 months ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 3 months ago.

My name is ***** ***** I will be helping you today. Thank you for your question and for using justanswer.com.

Maryland was one of the later states to pass a slayer statute. The Maryland statute explicitly acknowledge that a slayer is not precluded from inheriting only after a criminal conviction. Instead, even in the absence of such a conviction, affected person, family of the victim, can bring a civil suit to determine that the slayer is disqualified from inheriting. If this happens, the "boyfriend"would have been treated as disclaiming his intestate share and that share could pass to the children. It all depends on who is the next beneficiary to the insurance. When you disclaim a gift, it passes on to the next beneficiary, as if the boyfriend did not exist. So you would have to read the insurance document as it does not go into the estate of the "boyfriend" and automatically pass to the children. It depends on what the stepmother put as the back up beneficiary.

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Customer: replied 3 months ago.
Vicki (stepmother ...her insurance policy) ----- here is how it is listed on her policy ------ Marty C. Holbrook SR - Primary 100.00%
James Crockett (Contingent 33.30%) ---- Bobbi Crockett (Contingent 33.30%) ---- Marty C. Holbrook Jr (Contingent 33.30%). Marty C. Holbrook Sr. passed away 10/7/2015 and Vicki never change her policy. Marty C. Holbrook Jr. is the one who shot VIcki and James. I am trying to found out if it is worth trying to get a lawyer for Marty C. Holbrook Jr. to receive ( I really dont want to but Vicky' s Family is telling to try and fight for Marty C. Holbrook Jr. to receive his share. They say that is what Vicki would have wanted. I need to know it this is worth trying to right for or not.
Customer: replied 3 months ago.
Sorry I meant to say in the last message ........ I am trying to found out if there would be a change of Marty C. Holbrook Jr. two children receiving any of his share. It is going in the hands of a judge to decide and I dont wont to step on anyone toes if there is no change.