Arkansas slayer Statute

Most states have prohibitions on a killer inheriting from the person that they killed or receiving life insurance or annuity benefits. They are commonly called slayer prohibitions. In Arkansas, the slayer statute is found at Code section 18- 4- 205. 

Arkansas law specifically addresses annuity and insurance benefits. It provides that insurance and annuity proceeds payable to a slayer as the beneficiary or an assignee of the policy shall be forfeited by the slayer,  The funds would instead be paid to the  the decedent's estate. 

The Arkansas definition  of a "slayer" in section 18- 4- 202 of the Akansas code. That  defines a slayer as a person who is convicted by a court or pleads guilty or nolo contendre to the unlawful killing of the decedent.  Or in a civil action is found by the preponderance of the evidence to have unlawfully killed the decedent or hired somebody else to kill.  The civil action provision also includes a person who may have been found not guilty by reason of insanity in the criminal case.  But Arkansas law provides that person can still be civilly barred from receiving life insurance or annuity proceeds. 

Section 18- 4 - 203 provides that the statute of limitations on a civil claim in this context will be delayed or "tolled" for a year after any parallel criminal proceeds are ongoing.  Thus, in the case where someone has been charged and is being tried for the killing you do not not have to bring a formal civil claim to bar them from receiving the insurance proceeds until a year after the criminal phase is concluded. That does not mean that you just want to delay if you want to bar somebody from receiving money who you believe killed the insured.  Those claims need to be raised to the life insurance company or the annuity company as soon as possible, so that they can freeze the proceeds.   

If you have any questions regarding life insurance beneficiary disputes or a slayer statute feel free to give us a call.

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