Virginia Code 64.2-2503: Concurrent ownership with or without survivorship
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A. The death of the decedent caused by the slayer results in the vesting of the slayer’s interest in property held by the decedent and the slayer as tenants by the entirety or any other form of ownership with the right of survivorship in the estate of the decedent as though the slayer had predeceased the decedent.
Terms Used In Virginia Code 64.2-2503
- Decedent: A deceased person.
- Decedent: means any person whose life has been taken as a result of murder or voluntary manslaughter. See Virginia Code 64.2-2500
- Property: includes any real and personal property and any right or interest therein. See Virginia Code 64.2-2500
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
- Slayer: means any person (i) who is convicted of the murder or voluntary manslaughter of the decedent or, (ii) in the absence of such conviction, who is determined, whether before or after his death, by a court of appropriate jurisdiction by a preponderance of the evidence to have committed one of the offenses listed in clause (i) resulting in the death of the decedent. See Virginia Code 64.2-2500
B. The death of the decedent caused by the slayer results in the severance of the slayer’s interest in property held by the decedent and the slayer as joint tenants, joint owners, or joint obligees without the right of survivorship and the share of the decedent passes as a part of his estate.
1981, c. 469, §§ 55-405, 55-406; 1992, c. 521; 2008, cc. 822, 830; 2012, c. 614.