Can inheritance be conditional in probate law?
Kimberly Ann Bastes
Can inheritance be conditional in probate law?
When you consider the worst-case scenario, you can see why it's important to know that your inheritance won't be in jeopardy if, for example, your beneficiary is convicted of a crime. Inheritance is a process, and probate is only one of the steps involved. In short, yes—an inheritance can be conditional—but it's still tricky.
Multiple states have passed statutes allowing for a conditional inheritance for certain crimes. In Indiana, for example, "any property passing by will or intestate succession may be made subject to any condition which would restrain its use and enjoyment during the period of any disability existing at the time of distribution." In other words, if someone dies after being convicted of certain crimes (depending on which specific crime), then the probate court may hold onto the money or property until their sentence has been served. The aim is to prevent criminals from profiting from their crimes while they're still serving time.
There are some important qualifiers here: first, the person must have been convicted of a crime that has been specifically listed as grounds for conditional inheritance in that state. Next, they must have been sentenced to a period of incarceration and not probation (although this isn't true in all states). Another condition is that there must be a specific amount
In a friendly tone: Inheritance can be complicated when people are passionate about their money and don't want to leave it all behind. That's why some people make conditions in their wills that require heirs to do certain things in order to get their inheritance. These conditions may seem like an unreasonable amount of power handed over to the judge. but current probate laws have allowed conditional heirs since at least the mid-1800s, when a testator left his estate to his wife with one condition: she had to never marry again. The "condition precedent" was upheld by the courts, because they believed it was a reasonable request that didn't violate her right to freedom.
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