- common situation: Barbara and Michael had three children from their marriage, and then decided to get divorced; they had to go through the six-month waiting period, and during that time Michael died. He did not have a will, so the question is who gets his estate; his mother Wanda intervened, to try to make sure all the money went to their three children. It is very simple: either you are married or you are not, and the final dissolution decree had not been entered, so Barbara was still his wife.
- final judgment of felonious and intentional killing is binding and conclusive; even if there is no final judgment in a criminal court, the probate court can find the slayer’s rule operative for the killer, because the standard of proof is so much lower
- slayer’s rule for joint tenants
- a killer cannot take from the decedent’s estate, a flat prohibition; trick is when the killing is totally unintentional, like involuntary manslaughter
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