Nick Reiner could lose inheritance under law if convicted of killing parents Rob and Michele

LOS ANGELES, CALIFORNIA: As Hollywood reels from the shocking deaths of filmmaker Rob Reiner and his wife Michele Singer Reiner, legal experts say their son Nick Reiner may ultimately be barred from inheriting from their estate. The issue hinges on California’s so-called 'slayer statute,' following Nick’s arrest days after the killings on Sunday, December 14.

Rob, 78, and Michele, 70, were found dead inside their Brentwood home, a discovery that has left the entertainment world stunned and raised complex legal questions about the future of the family’s assets.

The couple is survived by four children - Jake Reiner, 34, Nick Reiner, 32, Romy Reiner, 28, and Tracy Reiner, 61, Rob’s daughter from his first marriage to the late Penny Marshall.

Arrest and charges deepen tragedy

According to sources cited by PEOPLE, it was Romy who discovered her parents’ bodies at their Los Angeles residence. Hours later, authorities arrested Nick Reiner near the University of Southern California campus in connection with the killings.

Los Angeles County District Attorney Nathan Hochman announced at a press conference on Tuesday, December 16, that Nick will be charged with two counts of first-degree murder, with a special allegation that a knife was used.

Nick’s attorney, Alan Jackson, confirmed that he is representing him and told reporters outside Los Angeles Superior Court that his client did not appear for his first scheduled court hearing because he had not yet been medically cleared.

How California’s slayer statute could apply

While the criminal case unfolds, estate and trust experts say a separate legal process could determine Nick’s inheritance rights.

Sean Weissbart, a partner at Blank Rome LLP who is not involved in the case, explained that the California law is clear when it comes to inheritance following a killing.

“California has what’s called a slayer statute, which says if you kill someone that you’re going to inherit from, you lose your inheritance and any right to serve as a fiduciary of their estate,”

Weissbart said, “So assuming he’s convicted of this murder, he’s out as beneficiary, along with any fiduciary appointments he may have.”

He explained that fiduciary roles include serving as an executor, trustee or estate administrator.

What happens to the Reiners’ estate

Estate planning in California typically involves a will and a revocable trust, particularly for married couples.

“Oftentimes, since it’s a community property state, you’ll see that a married couple has a joint revocable trust,” Weissbart said.

Regardless of how Rob and Michele structured their estate, Weissbart said the result would likely be the same if Nick is convicted.

“Let’s assume that the four children got everything in equal shares,” he said. “Nick would be disqualified, and everything would just go - probably - in three equal shares [instead].”

That redistribution would leave Jake, Romy and Tracy as the remaining beneficiaries.

Conviction not always required

Notably, Weissbart said the slayer statute does not necessarily require a criminal conviction to apply.

“I was looking at the statute, and it doesn’t require an actual conviction,” he said. “It requires a person who feloniously and intentionally killed the decedent.”

Because the statute operates in civil court, Weissbart said it could still apply even if criminal charges were dropped or could not proceed.

“What I would say is a felony conviction would be per se,” he added, “but it could arguably apply even if there was not yet a felony conviction.”

What Nick Reiner can access now

Until there is either a criminal conviction or a civil determination, Nick may still have limited access to estate documents.

“I don’t think that just because someone is suspected of a crime that that would necessarily preclude them from seeing a will or finding out what they might have otherwise received,” Weissbart said.

He added that enforcing the slayer statute is not the responsibility of the accused.

“It’s not his obligation to bring the slayer statute,” Weissbart said. “That’s the obligation of other people or the court.”