Slayer Statute Blocks Trust Access Before Any Criminal Conviction

Full analysis

The high-profile Nick Reiner case is illustrating how California's "slayer statute" — a law that bars anyone who intentionally kills a person from inheriting that person's property — can be invoked by a trustee long before a criminal trial concludes. Professional fiduciary Jodi Pais Montgomery has blocked Nick Reiner's access to an estimated $1.5 million trust fund established by his parents, arguing that releasing funds now would be "irreversible" even while he is presumed innocent. The case highlights two underappreciated features of such laws that trust creators and beneficiaries should know: first, a criminal conviction is not required — a probate court can independently apply the slayer statute on its own standard of proof; and second, distributions that were already legally due before a death (Nick's attorneys argue he was owed roughly $558,000 when he turned 30, two years before his parents died) may be treated as property the beneficiary already owned, and therefore outside the statute's reach. Estate planning attorney Sean Weissbart of Blank Rome also noted that an insanity defense, if successful, could defeat the statute because it applies only to intentional killing. For anyone who has set up or stands to inherit from a trust, the case is a concrete reminder that slayer statutes can freeze assets quickly, that timing of vested distributions matters, and that probate courts act independently of criminal courts.