Peggy Turano on New York's Slayer Statute
Mom charged in girl's death could get trust fund
By Jim Fitzgerald
A special education teacher accused of killing her severely disabled 8-year-old daughter by withholding food and medical care could inherit nearly $1 million from the girl’s trust fund — even if she’s convicted.
If convicted, the 32-year-old Diggs wouldn’t be automatically disqualified from inheriting her daughter’s fortune because she isn’t charged with intending to kill the girl. Many states have so-called slayer statutes to prevent profiting from a crime, but New York courts have generally held that without intent, a homicide doesn’t disqualify someone from inheriting from a victim, said St. John’s Law School professor Margaret Turano, a trust and estate expert.