A person charged with 1st degree murder of a decedent and found not guilty by reason of insanity is not barred by collateral estoppel from contesting that he "intentionally and unjustifiably" caused decedent's death under Section 2-6 of the Probate Act, commonly known as the Slayer Statute. Respondent's insanity defense in his criminal trial is not a factually inconsistent position to Respondent's claim that he did not intentionally and unjustifiably cause the death of Decedent, his longtime girlfriend, who died intestate but named Respondent as a beneficiary on several accounts and a trust. The question whether Respondent "intentionally" caused Decedent's death for purposes of the Slayer Statute remains a question of material fact that cannot be resolved as a matter of law, and thus summary judgment is not appropriate. (FITZGERALD SMITH and COBBS, concurring.)
Illinois Appellate Court
Civil Court
Probate