A recent high-profile filing out of Los Angeles has put a spotlight on one of the most emotionally charged corners of California estate law: what happens to an inheritance when the beneficiary is accused of killing a family member? The case involves an adult grandchild who is asking a court to release roughly $325,000 in trust funds — money he says came from his late grandfather’s estate — so he can hire private criminal defense counsel while awaiting trial on charges that he murdered his parents.
As estate and probate attorneys who work with California families every day, we want to use this moment to explain the legal principles at play, because these questions come up more often than people realize — usually in far less public settings. Families are frequently forced to sort out inheritance rights after a tragedy, and the rules are not always intuitive.
What Happened
According to court filings reported in the press, a 33-year-old man has been indicted in Los Angeles County on two counts of first-degree murder in connection with the deaths of his parents at their home. Prosecutors have added special-circumstances allegations, including multiple murder and lying in wait, along with a deadly-weapon enhancement. He has pleaded not guilty and, as of this writing, is being held without bail. Prosecutors have reportedly declined to seek the death penalty.
His legal team has now asked a court to release a portion of the funds sitting in his trust account, arguing that at least $325,000 was transferred into the trust in December 2024 — before the alleged killings — and that the money originated with his grandfather’s estate plan, not from his parents. His lawyers contend that California’s Slayer Statute should not bar him from accessing those particular funds because he is not accused of causing his grandfather’s death.
Nothing has been proven. The accused is presumed innocent, and the trust dispute is only beginning to work its way through the courts.
Who May Be Liable — and Who May Have Standing
Unlike a typical personal-injury matter, a case like this does not center on a single defendant. Instead, several parties may have legal interests or exposure:
- The trustee of the trust holding the disputed funds, who must decide whether to release money without violating fiduciary duties.
- The estates of the deceased parents, whose personal representatives may object to any distribution that arguably includes assets flowing from the parents.
- Other beneficiaries and heirs, including siblings, who may have competing claims if the accused is ultimately disqualified from inheriting.
- The financial institution holding the account, which may face its own risk if it distributes funds improperly.
In probate and trust litigation, “liability” often means being held to account by a probate court for breach of fiduciary duty, wrongful distribution, or failure to protect the estate — not the kind of tort liability people associate with a car accident.
Legal Theories That May Apply
Several doctrines could shape the outcome of a dispute like this in California:
- California’s Slayer Statute (Probate Code §§ 250–259): A person who “feloniously and intentionally” kills a decedent is treated as having predeceased that decedent and cannot inherit from them. The statute is fact-specific and typically requires either a criminal conviction or a civil finding by a preponderance of the evidence in probate court.
- Tracing of trust assets: When funds from multiple sources are commingled in a single trust, courts may be asked to “trace” which dollars came from which decedent, because the Slayer Statute only disqualifies inheritance from the victim — not from unrelated relatives.
- Breach of fiduciary duty: Trustees who distribute funds prematurely, or who refuse legitimate distributions, may face claims from beneficiaries or from an estate’s personal representative.
- Wrongful death and survival actions: Separate from probate, surviving family members of a homicide victim may bring civil claims for wrongful death and survival damages, which can proceed independently of any criminal case.
- Constructive trust and unjust enrichment: Equitable remedies that can prevent someone from keeping property they should not, in fairness, be allowed to hold.
- Trust modification or removal of trustee: Interested parties may petition to modify trust terms or remove a trustee whose actions endanger the trust’s assets.
Damages and Remedies Victims’ Families May Recover
In a homicide within a family, the surviving relatives — children, siblings, and other heirs — may be entitled to several categories of recovery through parallel probate and civil proceedings:
- Redistribution of the decedent’s estate to lawful heirs once a slayer is disqualified.
- Wrongful death damages, including loss of financial support, loss of companionship, funeral and burial expenses, and the reasonable value of household services.
- Survival action damages for losses the decedent personally sustained before death, such as medical expenses and, under recent California law, pre-death pain and suffering in qualifying cases.
- Return of improperly distributed assets through claims for constructive trust, restitution, or surcharge against a trustee.
- Punitive damages in civil actions where malice, oppression, or fraud can be proven by clear and convincing evidence.
- Attorney’s fees and costs in certain trust and probate proceedings where authorized by statute or trust instrument.
Every case is different, and the availability of any specific remedy depends on the facts, the trust language, and the timing of events.
Evidence That Strengthens a Case
Probate disputes tied to alleged wrongdoing often turn on documentary proof. Families and fiduciaries dealing with a situation like this should preserve, and eventually gather:
- The complete trust instrument, including all amendments and restatements.
- The original will and any codicils of each decedent.
- Bank and brokerage statements showing the date, source, and amount of each deposit into the trust.
- Wire transfer records, gift tax returns, and estate accountings that help trace the origin of funds.
- Communications between the grantor, trustee, and beneficiaries about the purpose of distributions.
- Criminal court records, indictments, and any eventual verdict or plea.
- Police reports, coroner’s findings, and, where appropriate, expert forensic accounting.
- Witness statements from family members, financial advisors, and prior counsel who helped design the estate plan.
In a Slayer Statute contest, the probate court does not have to wait for the criminal trial to conclude. It can make its own findings using a lower burden of proof.
What to Do Next
If your family is navigating a sudden death, a contested trust, or a situation where a potential heir is under criminal investigation, the steps you take early matter:
- Preserve every document. Do not throw away statements, letters, or emails, even ones that seem minor.
- Do not sign anything under pressure. Waivers, receipts, and family settlement agreements can extinguish rights you did not know you had.
- Ask the trustee, in writing, to freeze distributions if you believe funds are at risk of being wrongly released.
- Watch the deadlines. California imposes strict time limits on trust contests (often 120 days after formal notice), creditor claims against estates, and wrongful death actions (generally two years).
- Do not give recorded statements to insurers, opposing counsel, or the media without first speaking to your own attorney.
If you or a loved one is facing a trust dispute, a suspected wrongful distribution, or the aftermath of a family tragedy that raises inheritance questions, the team at LA | Estate Plans is here to help you understand your options. You can reach us through laestateplans.com for a confidential conversation about your situation.
Frequently Asked Questions
Can someone accused — but not convicted — of killing a relative still inherit in California?
Under California’s Slayer Statute, disqualification generally requires either a felony conviction for the killing or a separate finding by the probate court, using a preponderance-of-the-evidence standard, that the person feloniously and intentionally caused the death. Until one of those thresholds is met, the accused is not automatically barred, but a probate court can freeze distributions while the issue is litigated.
Does the Slayer Statute block inheritance from every relative, or just the victim?
The statute only disqualifies the alleged killer from inheriting from the person they are alleged to have killed. Inheritances from unrelated relatives — such as a grandparent who died years earlier — may not be affected, though tracing the money can be complex if funds have been commingled in a single trust.
What if trust money has been mixed together from several family members?
Courts may be asked to trace which portion of a trust came from which source, using bank records, estate accountings, and the original estate planning documents. This is often where forensic accountants and experienced probate counsel become essential.
How long do California families have to challenge a trust distribution?
Deadlines are short and unforgiving. In many cases, a trust contest must be filed within 120 days after a trustee sends formal statutory notice, and other claims — such as wrongful death — generally must be brought within two years. Missing a deadline can permanently extinguish otherwise valid rights.
Can a trustee release money to a beneficiary who has been criminally charged?
A trustee owes fiduciary duties to all beneficiaries and to the trust itself, and may be personally liable for improper distributions. When serious allegations are pending, a cautious trustee will often seek court instructions before releasing significant funds, and interested beneficiaries can petition the court to intervene.
What happens to the inheritance if an heir is disqualified as a slayer?
California treats a disqualified heir as if they had predeceased the victim, meaning the property passes to the next eligible beneficiaries under the will, trust, or intestacy laws. This may benefit siblings, children, or other named alternates, depending on the estate plan.
Can surviving family members sue for wrongful death even while a criminal case is pending?
Yes. Civil wrongful death and survival actions are separate from criminal prosecutions and can proceed on their own timeline, with a lower burden of proof. Families sometimes recover civil damages even in cases where a criminal conviction is not obtained.
Should I talk to a lawyer before signing anything from the trustee or the estate?
Almost always, yes. Receipts, waivers, and family settlement agreements can permanently give up rights to challenge accountings, contest distributions, or seek removal of a trustee. A brief consultation before you sign can prevent years of regret.
Original reporting: radaronline.com.
