Flashcards Studio

Olivia, a widow, died intestate with a $600,000 probate estate. She had two children, Rachel and Theo. Rachel was injured in the same accident that killed Olivia and died 48 hours after Olivia, leaving one child, Sophie. Theo was later convicted of feloniously and intentionally killing Olivia, and Theo has one child, Tim, who had no involvement in the killing. Olivia's brother argues that neither Rachel nor Theo can inherit and that he should take the estate as Olivia's closest innocent adult relative.
The state follows a 120-hour survival statute and a UPC-style slayer statute. Under the slayer statute, a slayer is treated as having predeceased the victim, but the slayer's innocent descendants are not independently barred. All relevant grandchildren survived Olivia by more than 120 hours.
Who should receive Olivia's probate estate, and in what shares? Explain the effect of the survival statute and the slayer statute.