Surviving spouse who unlawfully and intentionally kills

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Reference no: EM133809339

Question

A surviving spouse who unlawfully and intentionally kills or participates in causing the death of a decedent is not entitled to any benefits under the will or by intestate succession. The estate of the decedent passes as if the surviving spouse/killer had predeceased the decedent.

Robyn's husband Allen was declared mentally incompetent in 1996. She decided to care for him at home rather than placing him in an institution. In 2001 Allen murdered Robyn in their home.

Should some or all of Robyn's estate be used for Allen's maintenance in an institution? Why or why not?

If a person is mentally incompetent, do you think his or her actions are intentional? Why or why not?

Justify your ideas and responses by using appropriate examples and references from Lexis Advance (including primary sources such as cases, statutes, rules, regulations, etc.), government Web sites, peer-reviewed legal periodicals (not lawyer blogs), which can be supplemented by law dictionaries or the textbook.

Reference no: EM133809339

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