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SECOND REGULAR SESSION
SENATE BILL NO. 1690
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (15).
6868S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 474, RSMo, by adding thereto one new section relating to the effect of homicide
on benefits received from a decedent.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 474, RSMo, is amended by adding thereto 1
one new section, to be known as section 474.145, to read as 2
follows:3
474.145. 1. As used in this section, the following 1
terms mean: 2
(1) "Disposition or appointment of property", includes 3
a transfer of an item of property or any other benefit to a 4
beneficiary designated in a governing instrument; 5
(2) "Governing instrument", a governing instrument 6
executed by the decedent; 7
(3) "Revocable", with respect to a disposition, 8
appointment, provision, or nomination, one under which the 9
decedent, at the time of or immediately before death, was 10
alone empowered, by law or under the governing instrument, 11
to cancel the designation in favor of the killer, whether or 12
not the decedent was then empowered to designate the 13
decedent in place of the killer and whether or not the 14
decedent then had capacity to exercise the power. 15
2. An individual who feloniously and intentionally 16
kills the decedent forfeits all benefits with respect to the 17
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decedent's estate, including an intestate share, an elective 18
share, an omitted spouse's or child's share, a homestead 19
allowance, exempt property, and a family allowance. If the 20
decedent died intestate, the decedent's intestate estate 21
passes as if the killer disclaimed the intestate share. 22
3. The felonious and intentional killing of the 23
decedent: 24
(1) Revokes any revocable: 25
(a) Disposition or appointment of property made by the 26
decedent to the killer in a governing instrument; 27
(b) Provision in a governing instrument conferring a 28
general or nongeneral power of appointment on the killer; and 29
(c) Nomination of the killer in a governing 30
instrument, nominating or appointing the killer to serve in 31
any fiduciary or representative capacity, including a 32
personal representative, executor, trustee, or agent; and 33
(2) Severs the interests of the decedent and killer in 34
property held by them at the time of the killing as joint 35
tenants with the right of survivorship, transforming the 36
interests of the decedent and killer into equal tenancies in 37
common. 38
4. A severance under subdivision (2) of subsection 3 39
of this section does not affect any third-party interest in 40
property acquired for value and in good faith reliance on an 41
apparent title by survivorship in the killer unless a 42
writing declaring the severance has been noted, registered, 43
filed, or recorded in records appropriate to the kind and 44
location of the property which are relied upon, in the 45
ordinary course of transactions involving such property, as 46
evidence of ownership. 47
5. Provisions of a governing instrument are given 48
effect as if the killer disclaimed all provisions revoked by 49
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this section or, in the case of a revoked nomination in a 50
fiduciary or representative capacity, as if the killer 51
predeceased the decedent. 52
6. A wrongful acquisition of property or interest by a 53
killer not covered by this section shall be treated in 54
accordance with the principle that a killer cannot profit 55
from the killer's wrong. 56
7. After all right to appeal has been exhausted, a 57
judgment of conviction establishing criminal accountability 58
for the felonious and intentional killing of the decedent 59
conclusively establishes the convicted individual as the 60
decedent's killer for purposes of this section. In the 61
absence of a conviction, the court, upon the petition of an 62
interested person, shall determine whether, under the 63
preponderance of evidence standard, the individual would be 64
found criminally accountable for the felonious and 65
intentional killing of the decedent. If the court 66
determines that, under that standard, the individual would 67
be found criminally accountable for the felonious and 68
intentional killing of the decedent, the determination 69
conclusively establishes that individual as the decedent's 70
killer for purposes of this section. 71
8. (1) A payor or other third-party is not liable for 72
having made a payment or transferred an item of property or 73
any other benefit to a beneficiary designated in a governing 74
instrument affected by an intentional and felonious killing, 75
or for having taken any other action in good faith reliance 76
on the validity of the governing instrument, upon request 77
and satisfactory proof of the decedent's death, before the 78
payor or other third-party received written notice of a 79
claimed forfeiture or revocation under this section. A 80
payor or other third-party is liable for a payment made or 81
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other action taken after the payor or other third-party 82
received written notice of a claimed forfeiture or 83
revocation under this section. 84
(2) Written notice of a claimed forfeiture or 85
revocation under subdivision (1) of this subsection shall be 86
mailed to the payor's or other third-party's main office or 87
home by registered or certified mail, return receipt 88
requested, or served upon the payor or other third-party in 89
the same manner as a summons in a civil action. Upon 90
receipt of written notice of a claimed forfeiture or 91
revocation under this section, a payor or other third-party 92
may pay any amount owed or transfer or deposit any item of 93
property held by it to or with the court having jurisdiction 94
of the probate proceedings relating to the decedent's 95
estate, or if no proceedings have been commenced, to or with 96
the court having jurisdiction of probate proceedings 97
relating to decedents' estates located in the county of the 98
decedent's residence. The court shall hold the funds or 99
item of property and, upon its determination under this 100
section, shall order disbursement in accordance with the 101
determination. Payments, transfers, or deposits made to or 102
with the court discharge the payor or other third-party from 103
all claims for the value of amounts paid to or items of 104
property transferred to or deposited with the court. 105
9. (1) A person who purchases property for value and 106
without notice, or who receives a payment or other item of 107
property in partial or full satisfaction of a legally 108
enforceable obligation, is neither obligated under this 109
section to return the payment, item of property, or benefit 110
nor is liable under this section for the amount of the 111
payment or the value of the item of property or benefit. 112
But a person who, not for value, receives a payment, item of 113
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property, or any other benefit to which the person is not 114
entitled under this section is obligated to return the 115
payment, item of property, or benefit, or is personally 116
liable for the amount of the payment or the value of the 117
item of property or benefit, to the person who is entitled 118
to it under this section. 119
(2) If this section or any part of this section is 120
preempted by federal law with respect to a payment, an item 121
of property, or any other benefit covered by this section, a 122
person who, not for value, receives the payment, item of 123
property, or any other benefit to which the person is not 124
entitled under this section is obligated to return the 125
payment, item of property, or benefit, or is personally 126
liable for the amount of the payment or the value of the 127
item of property or benefit, to the person who would have 128
been entitled to it were this section or part of this 129
section not preempted. 130
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