Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
The court shall prohibit any person charged with the unlawful killing of the decedent from taking from the decedent's estate through its distribution and disposition, including property held between the person charged and the decedent in joint tenancy or by tenancy in the entirety. The court shall consider any person convicted of the unlawful killing of the decedent as predeceasing the decedent for the purpose of distribution and disposition of the decedent's estate including property held between the person charged and the decedent in joint tenancy or by tenancy in the entirety. The bar to succession shall apply only to murder in the first degree, murder in the second degree or manslaughter; it shall not include vehicular homicide or negligent manslaughter in the death of the decedent. No court shall distribute the accused's share of the decedent's assets until a verdict or finding on the charge has been rendered in open court. If the court determines the accused not guilty of the unlawful killing of the decedent, the accused may take by decent or distribution from the decedent's estate under law. The provisions of this section and any order of a court entered pursuant thereto, shall not have any effect on title to real property, except against the person charged with an offense to which this section applies, or that person's heirs and devisees, until a memorandum that recites the name of that person is recorded in the manner provided in section 15 of chapter 184, and no order so entered shall divest any person who has given fair consideration for any interest in such property before such recording.
Cite this article: FindLaw.com - Massachusetts General Laws Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280) Ch. 265, § 46 - last updated January 01, 2025 | https://codes.findlaw.com/ma/part-iv-crimes-punishments-and-proceedings-in-criminal-cases-ch-263-280/ma-gen-laws-ch-265-sect-46/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)