§ 45a-447 — (Formerly Sec. 45-279). Person adjudged guilty of certain crimes or found not guilty by reason of mental disease or defect ineligible to inherit from or receive property or insurance or annuity proceeds as beneficiary of victim. Action in Superior Court re guilt. Petition to override prohibitions.

Connecticut § 45a-447

• Jurisdiction: Connecticut
• Title 45a: Probate Courts and Procedure
• Ch. 802b: Decedents' Estates

Text

(a)(1) A person finally adjudged guilty, either as the principal or accessory, or finally found not guilty by reason of mental disease or defect pursuant to section 53a-13, of any crime under section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-56a, 53a-122, 53a-123 or 53a-321, or in any other jurisdiction, of any crime, the essential elements of which are substantially similar to such crimes, or a person finally adjudged guilty, or found not guilty by reason of mental disease or defect, under any of said sections pursuant to this subdivision, shall not inherit or receive any part of the estate of (A) the deceased victim, whether under the provisions of any act relating to intestate succession, or as devisee or legatee, or otherwise under the will of the deceased victim, or receive any property as beneficiary or survivor of the deceased victim, or (B) any other person when such homicide or death terminated an intermediate estate, or hastened the time of enjoyment. For the purposes of this subdivision, an interested person may bring an action in the Superior Court for a determination, by a preponderance of the evidence, that an heir, devisee, legatee or beneficiary of the deceased victim who has predeceased the interested person would have been adjudged guilty or found not guilty by reason of mental disease or defect, either as the principal or accessory, under section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-56a, 53a-122, 53a-123 or 53a-321, had the heir, devisee, legatee or beneficiary survived. (2) With respect to inheritance under the will of the deceased victim, or rights to property as heir, devisee, legatee or beneficiary of the deceased victim, the person whose participation in the estate of another or whose right to property as such heir, devisee, legatee or beneficiary is so prevented under the provisions of this section shall be considered to have predeceased the deceased victim. (3) With respect to real property owned in joint tenancy with rights of survivorship with the deceased victim, such final adjudication as guilty or finding of not guilty by reason of mental disease or defect shall be a severance of the joint tenancy and shall convert the joint tenancy into a tenancy in common as to the deceased victim and the person so adjudged or found, but not as to any remaining joint tenant or tenants. Such severance shall be effective as of the time such adjudication or finding becomes final. When such jointly owned property is real property, a certified copy of the final adjudication as guilty or finding of not guilty by reason of mental disease or defect shall be recorded by the fiduciary of the deceased victim's estate, or may be recorded by any other interested party in the land records of the town where such real property is situated. (4) With respect to personal property owned in joint tenancy with rights of survivorship with the deceased victim, such final adjudication as guilty or finding of not guilty by reason of mental disease or defect shall convert the personal property to property owned solely by the deceased victim except to the extent that the adjudged guilty person or person found not guilty by reason of mental disease or defect can prove by a preponderance of the evidence such person's financial contributions to such property. (b) In all other cases where a defendant has been convicted under section 53a-54a , 53a-54b , 53a-54c , 53a-54d , 53a-55 , 53a-55a , 53a-56 , 53a-56a , 53a-122 , 53a-123 or 53a-321 , the right of such adjudged guilty person or person found not guilty by reason of mental disease or defect to inherit or take any part of the estate of the deceased victim or to inherit or take any estate as to which the death of such deceased victim terminated an intermediate estate, or hastened the time of enjoyment, or to take any property as beneficiary or survivor of the deceased victim shall be determined by the common law, including equity. (c) (1) A named beneficiary of a life insurance policy or annuity who intentionally causes the death of the person upon whose life the policy is issued or the annuitant, or who is finally adjudged guilty under section 53a-122 , 53a-123 or 53a-321 , is not entitled to any benefit under the policy or annuity, and the policy or annuity becomes payable as though such beneficiary had predeceased the deceased victim. (2) (A) A conviction or a finding of not guilty by reason of mental disease or defect under section 53a-54a , 53a-54b , 53a-54c , 53a-54d , 53a-55 , 53a-55a , 53a-56 , 53a-56a , 53a-122 , 53a-123 or 53a-321 , or a determination pursuant to subparagraph (B) of this subdivision that a named beneficiary would have been found guilty under any of said sections had the named beneficiary survived, or would have been found not guilty by reason of mental disease or defect had the named beneficiary survived, shall be conclusive for the purposes of this subsection. (B) For the purposes of this subsection, an interested person may bring an action in the Superior Court for a determination, by a preponderance of the evidence, that a named beneficiary who has predeceased the interested person would have been found guilty under section 53a-54a , 53a-54b , 53a-54c , 53a-54d , 53a-55 , 53a-55a , 53a-56 , 53a-56a , 53a-122 , 53a-123 or 53a-321 , or would have been found not guilty by reason of mental disease or defect under any of said sections, had the named beneficiary survived. (C) In the absence of such a conviction, finding or determination, the Superior Court may determine by the common law, including equity, whether the named beneficiary is entitled to any benefit under the policy or annuity. (D) In any proceeding brought under this subsection, the burden of proof shall be on the person challenging the eligibility of the named beneficiary for benefits under a life insurance policy or annuity. (3) Any insurance company that makes payment according to the terms of its policy or annuity is not liable for any additional payment by reason of this section unless the insurance company has received at its home office or principal address written notice of a claim under this section prior to such payment. (d) Notwithstanding the provisions of subsections (a) to (c), inclusive, of this section, the Superior Court may allow a defendant adjudged guilty under section 53a-122 , 53a-123 or 53a-321 , or found not guilty by reason of mental disease or defect under any of said sections, to petition a court in equity to override the prohibitions on inheritance or other benefit to the adjudged guilty person under such sections if the court shall determine that overriding such prohibitions would fulfill the intent of the deceased victim or that application of such prohibitions would be grossly inequitable under all of the circumstances, which could include, without limitation, restitution or other substantial benefit provided to the deceased victim during the deceased victim's lifetime or express forgiveness by the deceased victim. The burden of proof shall be on the petitioner.

Legislative History

(1949 Rev., S. 7062; February, 1965, P.A. 514; 1967, P.A. 264, S. 1; 1971, P.A. 871, S. 118; P.A. 80-476, S. 330; P.A. 83-467; P.A. 85-523, S. 2, 9; P.A. 09-201, S. 1; P.A. 15-236, S. 4; P.A. 16-168, S. 1.) History: 1965 act rephrased existing provisions and added Subsec. (b); 1967 act added provisions re rights to property; 1971 act deleted references to “degrees” of murder, i.e. first and second; P.A. 80-476 rephrased provisions and substituted “real property” for “real estate” and “fiduciary” for “executor or administrator”; P.A. 83-467 added Subsec. (c) re distribution of benefits of annuity or life insurance to named beneficiary who intentionally causes death of insured; P.A. 85-523 deleted “murder” and prohibited inheritance by person guilty of any crime under Sec. 53a-54a or 53a-54b, or in any other jurisdiction, of any crime the essential elements of which are substantially similar, and added references to right of heirs, devisees and legatees; Sec. 45-279 transferred to Sec. 45a-447 in 1991; P.A. 09-201 inserted Subdiv. designators (1) to (3) in Subsec. (a) and Subpara. designators (A) to (D) in Subsec. (c)(2), referenced Secs. 53a-54c, 53a-54d, 53a-55 and 53a-55a in Subsec. (a)(1), amended Subsecs. (a)(1) and (c)(2) to allow interested person to bring an action in Superior Court for determination that person who predeceased the interested person would have been adjudged guilty under any enumerated section, and made technical changes; P.A. 15-236 amended Subsecs. (a) to (c) to add references to Secs. 53a-122, 53a-123 and 53a-321, added Subsecs. (a)(4) and (d) re personal property inheritance and petitions to override prohibitions, respectively, added references to deceased victim and made technical and conforming changes; P.A. 16-168 added provisions re person found not guilty by reason of mental disease or defect, added references to Secs. 53a-56 and 53a-56a, amended Subsec. (d) by replacing “burden of proof and persuasion” with “burden of proof”, and made technical and conforming changes. Annotations to former section 45-279: Does not preclude a felonious killer of his benefactor from succeeding to her property, whether by will or under the succession statute, unless he has been convicted of either first or second degree murder. 139 C. 491. Cited. 211 C. 121. Murder does not include manslaughter. 17 CS 373.