the words and terms defined in sections 3 to 17, inclusive, of this act have

the meanings ascribed to them in those sections.

guilty by reason of insanity or diminished capacity.

act for another person. The term includes, without limitation, an attorney

in fact under a durable or nondurable power of attorney or a person who

is authorized pursuant to the provisions of a governing instrument to

make decisions concerning the provision of health care to another

person.

acquire or receive any property, interest or benefit pursuant to the

provisions of a governing instrument or the laws of intestate succession.

NRS 123.220.

community property in which a right of survivorship exists pursuant to

NRS 111.064 or 115.060 or any other provision of law.

2. A finding of guilt by a jury or a court sitting without a jury;

3. An adjudication of delinquency or finding of guilt by a court

having jurisdiction over juveniles; or

4. Any other admission or finding of guilt in a criminal action or a

proceeding in a court having jurisdiction over juveniles.

decedent" means a person who:

1. Causes or perpetrates the felonious and intentional killing of the

decedent;

2. Aids, abets, commands, counsels, encourages, hires, induces,

procures or solicits another person to cause or perpetrate the felonious

and intentional killing of the decedent; or

3. Is a principal in any degree, accessory before the fact, accomplice

or conspirator to the felonious and intentional killing of the decedent.

1. 1. A deed or any other instrument that transfers any property,

1. interest or benefit.

1. 2. An annuity or a policy of insurance.

3. A trust, whether created by an instrument executed during the life

of the settlor, a testamentary instrument or any other instrument,

judgment or decree, including, without limitation, any of the following:

(a) An express trust, whether private or charitable, and any additions

to such a trust.

(b) A trust created or determined by a judgment or decree under

which the trust is to be administered in the manner of an express trust.

4. A will, a codicil or any other testamentary instrument, including,

without limitation, a testamentary instrument that:

(a) Appoints a person to serve in a fiduciary or representative

capacity, nominates a guardian or revokes or revises another will, codicil

or testamentary instrument; or

(b) Excludes or limits the right of a person or class of persons to

succeed to any property, interest or benefit pursuant to the laws of

intestate succession.

5. Any account or deposit that is payable or transferable on the death

of a person or any instrument that provides for the payment or transfer

of any property, interest or benefit on the death of a person.

6. A security registered as transferable on the death of a person or a

security registered in beneficiary form pursuant to NRS 111.480 to

111.650, inclusive.

1. 7. Any instrument creating or exercising a power of appointment or

1. a durable or nondurable power of attorney.

1. 8. Any instrument that appoints or nominates a person to serve in

1. any fiduciary or representative capacity, including, without limitation, an

1. agent, guardian, executor, personal representative or trustee.

1. 9. Any public or private plan or system that entitles a person to the

1. payment or transfer of any property, interest or benefit, including,

1. without limitation, a plan or system that involves any of the following:

1. (a) Pension benefits, retirement benefits or other similar benefits.

1. (b) Profit-sharing or any other form of participation in profits,

1. revenues, securities, capital or assets.

1. (c) Industrial insurance, workers’ compensation or other similar

1. benefits.

1. (d) Group insurance

1. .
2. 10. A partnership agreement or an agreement concerning any joint

1. adventure, enterprise or venture.

1. 11. A premarital, antenuptial or postnuptial agreement, a marriage

1. contract or settlement or any other similar agreement, contract or

1. settlement.

1. 12. Any instrument that declares a homestead pursuant to chapter

1. 115 of NRS.

13. Any other dispositive, appointive, nominative or declarative

instrument.

1. Any interest, in whole or in part, in any property or estate, whether

such interest is legal or equitable, present or future, or contingent or

vested;

2. A right, power or privilege to appoint, consume, exercise, transfer

or use any such interest; or

1. A parent, spouse, child or sibling of a decedent;

2. A beneficiary or a person who would be a beneficiary if another

person were found to be a killer of a decedent;

3. A person who serves in any fiduciary or representative capacity

with respect to any property, interest or benefit that is in any way related

to a decedent, his estate or a governing instrument or a person who

would be entitled to serve in such a capacity if another person were

found to be a killer of a decedent; or

4. A person who has a right to or claim against any property, interest

or benefit that is in any way related to a decedent, his estate or a

governing instrument or a person who would have such a right or claim

if another person were found to be a killer of a decedent.

more persons who hold any property, interest or benefit under

circumstances that entitle one or more of the persons to the whole of the

property, interest or benefit on the death of one or more of the other

persons.

decedent pursuant to section 20 or 21 of this act.

law or a governing instrument to pay or transfer any property, interest or

benefit to another person.

1. 1. A natural person.

1. 2. Any form of business or social organization and any other

1. nongovernmental legal entity, including, without limitation, a

1. corporation, partnership, association, trust or unincorporated

1. organization.
2. 3. A government, a political subdivision of a government or an

1. agency or instrumentality of a government or a political subdivision of a

1. government.

ownership, including, without limitation, any real or personal property or

any estate in such property.

1. A killing is "felonious" if it is committed without legal excuse or

justification.

2. A killing is "intentional" if it is caused by or occurs during the

commission of any act which involves a degree of culpability that is

greater than criminal negligence.

3. Insanity or diminished capacity shall be deemed not to be a legal

excuse or justification and must not be considered in determining

whether a killing is felonious or intentional.

provisions of this chapter apply to any appointment, nomination, power,

right, property, interest or benefit that accrues or devolves to a killer of a

decedent based upon the death of the decedent. If any such appointment,

nomination, power, right, property, interest or benefit is not expressly

covered by the provisions of this chapter, it must be treated in accordance

with the principle that a killer cannot profit or benefit from his wrong.

2. The provisions of this chapter do not abrogate or limit the

application of:

(a) The anti-lapse provisions of NRS 133.200 or the right of

representation, as defined and applied in chapter 134 of NRS, with

respect to a person who is not a killer of the decedent; or

(b) Any provision of a governing instrument that designates:

(1) A contingent or residuary beneficiary who is not a killer of the

decedent; or

(2) Any other beneficiary who is not a killer of the decedent.

3. The provisions of this chapter do not abrogate or limit any

principle or rule of the common law, unless the principle or rule is

inconsistent with the provisions of this chapter.

judgment of conviction against a person in which the person is found to

have been a culpable actor in the felonious and intentional killing of a

decedent:

(a) The conviction conclusively establishes for the purposes of this

chapter that the person feloniously and intentionally killed the decedent;

and

(b) The person shall be deemed to be a killer of the decedent.

2. Notwithstanding the provisions of NRS 48.125 or 51.295 or any

other provision of law, a judgment of conviction described in subsection

1, including, without limitation, a judgment of conviction based upon a

plea of nolo contendere, is admissible in any civil action brought

pursuant to the provisions of this chapter.

3. For the purposes of this section:

1. (a) A court in "any other jurisdiction" includes, without limitation, a

1. tribal court or a court of the United States or the Armed Forces of the

1. United States.

(b) A court "enters" a judgment of conviction against a person on the

date on which guilt is admitted, adjudicated or found, whether or not:

(1) The court has imposed a sentence, a penalty or other sanction

for the conviction; or

(2) The person has exercised any right to appeal the conviction.

(c) A killing in this state that constitutes murder of the first or second

degree, as defined in NRS 200.010, 200.020 and 200.030, or voluntary

manslaughter, as defined in NRS 200.040, 200.050 and 200.060, shall be

deemed to be a felonious and intentional killing.

may bring a civil action alleging that a person was a culpable actor in the

felonious and intentional killing of a decedent. An interested person may

bring such a civil action whether or not any person who is alleged to be a

killer in the civil action or any other person is or has been, in a separate

criminal action, charged with or convicted or acquitted of being:

(a) A culpable actor in the felonious and intentional killing of the

decedent; or

(b) A culpable actor in any other offense arising out of the facts

surrounding the killing of the decedent.

2. If an interested person brings a civil action pursuant to this

section, the court shall determine, by a preponderance of the evidence,

whether a person who is alleged to be a killer of the decedent was a

culpable actor in the felonious and intentional killing of the decedent. If

the court finds by a preponderance of the evidence that a person who is

alleged to be a killer of the decedent was a culpable actor in the felonious

and intentional killing of the decedent:

(a) The finding of the court conclusively establishes for the purposes

of this chapter that the person feloniously and intentionally killed the

decedent; and

(b) The person shall be deemed to be a killer of the decedent.

3. If, in a separate criminal action, a person is charged with being a

culpable actor in the felonious and intentional killing of a decedent or

with any other offense arising out of the facts surrounding the killing of

the decedent and:

(a) The person is acquitted of the charge;

(b) The charge is dismissed; or

(c) A verdict or judgment is not reached or entered on the charge for

any reason,

evidence concerning any such matter is not admissible in a civil action

brought pursuant to this section.

4. Upon its own motion or the motion of an interested person, the

court may, in whole or in part, stay the proceedings in a civil action

brought pursuant to this section during the pendency of any separate

criminal action that has been brought against a person who is alleged to

be a killer in the civil action. The provisions of this subsection do not

limit the power of the court to stay the proceedings in the civil action for

any other reason.

5. A civil action described in this section may not be commenced by

an interested person more than 5 years after the interested person

discovers or through the use of reasonable diligence should have

discovered the material facts that constitute the cause of action.

nomination, power, right, property, interest or benefit that, pursuant to

the provisions of Title 12 of NRS or the common law, accrues or devolves

to the killer from or through the estate of the decedent, including,

without limitation:

(a) An intestate share.

(b) An elective share.

(c) The share of an omitted spouse or child.

(d) A family allowance.

(e) A homestead allowance.

(f) Any exempt property.

2. The intestate estate of the decedent passes as if the killer had

predeceased the decedent, and any other appointment, nomination,

power, right, property, interest or benefit described in subsection 1 must

be treated as if the killer had predeceased the decedent.

killer of a decedent forfeits any appointment, nomination, power, right,

property, interest or benefit that, pursuant to the provisions of a

governing instrument executed by the decedent or any other person,

accrues or devolves to the killer based upon the death of the decedent.

2. In addition to any forfeiture required by subsection 1, if a

governing instrument provides for the payment of certain benefits only

upon the death of a decedent, a killer of the decedent forfeits any right or

interest that the killer is entitled to assert against those benefits on the

basis that community property was used, in whole or in part, to purchase

the governing instrument or to pay one or more contributions or

premiums that were related to the governing instrument.

3. If a killer of a decedent forfeits any appointment, nomination,

power, right, property, interest or benefit pursuant to this section, the

provisions of each governing instrument affected by the forfeiture must

be treated as if the killer had predeceased the decedent.

in property that, at the time of the killing, was held by the decedent and

the killer as community property with right of survivorship or as joint

tenants with right of survivorship.

2. If a killer forfeits any right of survivorship pursuant to subsection

1:

(a) The respective interests in the property held by the decedent and

the killer:

(1) Shall be deemed to be severed and transformed into tenancies in

common; and

(2) Are presumed to be undivided equal interests in the property,

unless a personal representative of the decedent establishes that the

contributions made by the decedent concerning the property exceeded the

contributions made by the killer; and

(b) The interest of the decedent passes as the separate property of the

decedent and as if the killer had predeceased the decedent.

(a) Bring an action for wrongful death of the decedent pursuant to

NRS 41.085; or

(b) Benefit in any way from such an action brought by a personal

representative of the decedent.

wrongful death of the decedent pursuant to NRS 41.085 must be

determined as if the killer had predeceased the decedent.

or other third person, in good faith, pays or transfers any property,

interest or benefit to a beneficiary in accordance with the provisions of a

governing instrument, the payor or other third person is not liable to

another person who alleges that the payment or transfer to the

beneficiary violated the provisions of this chapter unless, before the

payment or transfer, the payor or other third person had actual

knowledge that the beneficiary was prohibited from acquiring or

receiving the property, interest or benefit pursuant to the provisions of

this chapter.

person, without legal right or authorization, acquires or receives any

property, interest or benefit forfeited by a killer pursuant to the

provisions of this chapter, the person is required to transfer the property,

interest or benefit to the beneficiary who is entitled to it pursuant to the

provisions of this chapter, or the person is liable to such beneficiary for

the value of the property, interest or benefit.

2. The provisions of subsection 1 do not apply to a person who:

(a) Acquired the property, interest or benefit for value and without

notice; or

(b) Received the property, interest or benefit in full or partial

satisfaction of a legally enforceable obligation and without notice.

person any property, interest or benefit forfeited by the killer pursuant to

the provisions of this chapter, the killer is required to recover and

transfer the property, interest or benefit to the beneficiary who is entitled

to it pursuant to the provisions of this chapter, or the killer is liable to

such beneficiary for the value of the property, interest or benefit.

2. If any federal law preempts any provision of this chapter requiring

a killer to forfeit any property, interest or benefit and the property,

interest or benefit accrues or devolves to the killer because of the

preemption, the killer is required to transfer the property, interest or

benefit to the beneficiary who, in the absence of the preemption, would

have been entitled to it pursuant to the provisions of this chapter, or the

killer is liable to such beneficiary for the value of the property, interest or

benefit.

3. As used in this section, "community property with right of

survivorship" means community property in which a right of

survivorship exists pursuant to NRS 111.064 or 115.060 or any other

provision of law.

1. 3. The provisions of this chapter apply only to the separate property

1. of the decedent.