Page:United States Statutes at Large Volume 118.djvu/1812

 118 STAT. 1782 PUBLIC LAW 108–374—OCT. 27, 2004 ‘‘(2) NO ACQUISITION OF PROPERTY BY KILLING.—Subject to any applicable Federal law relating to the devise or descent of trust or restricted land, no heir by killing shall in any way acquire any trust or restricted interests in land or interests in trust personalty as the result of the death of the decedent, but such property shall pass in accordance with this subsection. ‘‘(3) DESCENT, DISTRIBUTION, AND RIGHT OF SURVIVORSHIP.— The heir by killing shall be deemed to have predeceased the decedent as to decedent’s trust or restricted interests in land or trust personalty which would have passed from the decedent or his estate to such heir— ‘‘(A) under intestate succession under this section; ‘‘(B) under a tribal probate code, unless otherwise pro vided for; ‘‘(C) as the surviving spouse; ‘‘(D) by devise; ‘‘(E) as a reversion or a vested remainder; ‘‘(F) as a survivorship interest; and ‘‘(G) as a contingent remainder or executory or other future interest. ‘‘(4) JOINT TENANTS, JOINT OWNERS, AND JOINT OBLIGEES.— ‘‘(A) Any trust or restricted land or trust personalty held by only the heir by killing and the decedent as joint tenants, joint owners, or joint obligees shall pass upon the death of the decedent to his or her estate, as if the heir by killing had predeceased the decedent. ‘‘(B) As to trust or restricted land or trust personalty held jointly by 3 or more persons, including both the heir by killing and the decedent, any income which would have accrued to the heir by killing as a result of the death of the decedent shall pass to the estate of the decedent as if the heir by killing had predeceased the decedent and any surviving joint tenants. ‘‘(C) Notwithstanding any other provision of this sub section, the decedent’s trust or restricted interest land or trust personalty that is held in a joint tenancy with the right of survivorship shall be severed from the joint tenancy as though the property held in the joint tenancy were to be severed and distributed equally among the joint ten ants and the decedent’s interest shall pass to his estate; the remainder of the interests shall remain in joint tenancy with right of survivorship among the surviving joint ten ants. ‘‘(5) LIFE ESTATE FOR THE LIFE OF ANOTHER.—If the estate is held by a third person whose possession expires upon the death of the decedent, it shall remain in such person’s hands for the period of time following the decedent’s death equal to the life expectancy of the decedent but for the killing. ‘‘(6) PREADJUDICATION RULE.— ‘‘(A) IN GENERAL.—If a person has been charged, whether by indictment, information, or otherwise by the United States, a tribe, or any State, with voluntary man slaughter or homicide in connection with a decedent’s death, then any and all trust or restricted land or trust personalty that would otherwise pass to that person from the decedent’s estate shall not pass or be distributed by

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