Should the “Anti Hero” Worry About Their Estate Plan?

Kim Raemdonck

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We noticed an Estate Planning conundrum in the lyrics of Taylor Swift’s “Anti-Hero” song. These Swifties noticed the singer describes a dream where she is villainously slain for her money:

“I have this dream my daughter in-law kills me for the money
She thinks I left them in the will
The family gathers ’round and reads it and then someone screams out
“She’s laughing up at us from hell”

The “Anti Hero” narrator wrote “them” out of their Will! This begs two questions:

How does one circumvent or disinherit untrustworthy family members? Does Colorado and Texas protect a decedent’s estate against being slain by beneficiaries for the inheritance?

DECIDING BENEFICIARIES

The benefit of creating an Estate Plan with Legacy Planning & Probate is you are in control of how your assets are distributed and to whom!

If you die intestate, meaning without a Will, your Estate will fall under the current law in your state under rules of intestacy. The Denver Bar Association does a great job explaining the law in Colorado. We’ve written previous blogs on the probate process, as well. Texas is a community property state, so you can read here what happens under current laws if you die without a will under its “intestate succession” rule.

FORFEITURE OF STATUTORY BENEFITS

Colorado and Texas have laws specifically addressing the narrator’s dream. In an interest of public policy for a murderer to profit from his crime, there are “Slayer rules” (meaning, a rule stopping a person inheriting property from a person they murdered) in most states. Though these are state specific and nuanced, there are some need-to-know details for Colorado and Texas.

Simply put, someone found guilty of feloniously killing a decedent forfeits all benefits with respect to the decedent’s estate, in entirety.

Taylor Swift’s song had the Estate Planning world buzzing. Though the song was more “Champagne Problems” than an actual confession, the song brings up a probate issue to consider. These probate challenges are as sensitive as they are complicated. Get ahead by creating a Will when you work with us to generate your Estate Plan! At LP&P we realize every estate is unique. We can assist you with designating beneficiaries, legally, as you wish. Schedule a complimentary consultation with Legacy Planning & Probate.

ABOUT THE AUTHOR

OF COUNSEL

Kim Raemdonck was born in Galveston, Texas, and raised in Fort Worth, Texas. She graduated magna cum laude from Texas A&M University with honors. Kim went on to attend the University of Denver Sturm College of Law where she obtained a J.D. and an L.L.M. in taxation. She is admitted to practice law in Colorado and Texas and before the United States District Court for the District of Colorado and the United States Tax Court.

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