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26th Jan 2017

Q The Menendez brothers are back in the news again. This leads me to ask, if you kill your parents, do you still get the inheritance?

— W.S., Rancho Palos Verdes.

A No, you do not get the inheritance. This is based on the California Slayer Statute, found at Probate Code Section 250: When someone is feloniously murdered, the perpetrator cannot profit from the victim’s estate, whether there is a family relationship or not. On the other hand, if the killing was committed in self-defense, or is determined to be justifiable homicide, then a felonious murder has not occurred and, therefore, the statute does not apply.

The Menendez brothers, who killed their wealthy parents in their Beverly Hills home in 1989, were convicted 1996 and sentenced to life in prison without the possibility of parole.

Q In California, if someone is sentenced to life in prison without the possibility of parole, can he or she still be paroled?

— C.H., Lomita

A Life without possibility of parole means just that — parole is never going to be granted. In fact, research indicates that no California governor has commuted the sentence of a prisoner given life without the possibility of parole. There is, however, a common-sense caveat here: If circumstances arise in the case that ultimately change the outcome of the verdict (for example, on appeal), or new or different information is found that impacts the case to an appreciable degree, then the sentence might be subject to modification.

Q What are the basic guidelines for granting parole here?

— A.S., Long Beach

A The Board of Parole Hearings is California’s parole authority. Potential release on parole depends in part on the nature of the sentence, such as whether it is determinate or indeterminate. “Suitability factors” are considered to assess if someone is ready for parole. These include the inmate’s level of remorse for the crime, the circumstances of the offense committed, psychological and counseling reports, and the inmate’s conduct while in prison.

Other factors come into play that could lead to the conclusion the inmate is unsuitable for parole, such as if the offense was particularly heinous or cruel, the inmate has an unstable social history, and any prior record of violence.

Additionally, parole can be granted with conditions, such as prohibiting the parolee from having any verbal, personal, electronic or written communication with a victim.

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column, which appears on Wednesdays, presents a summary of the law and should not be construed as legal advice. Email questions and comments to him at RonSEsq@aol.com or write to him at Ask the Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503.

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