Matter Of Estate Of Van Der Veen

935 P.2d 1042 (1997)

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Nature of the Case

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Facts

Morris and Deanne were the parents of Kent. Kent murdered his parents when he was 19 years old. Two years earlier, Kent had fathered a child who had been adopted by unknown persons prior to the date that Kent murdered his parents. The murdered parents were never aware of the fact that Kent had fathered a child. Laura was the daughter, and the decedents had no other heirs, devisees, or legatees. At the time Kent killed his parents, he had no testamentary instrument of his own. The will of the decedents left their estate to Laura and Kent equally or per stirpes. There is no doubt that Kent has been statutorily disqualified from taking under the will as per statute because he killed his parents. The trial court found that the disqualification statute also disqualified the children of Kent. This appeal resulted.