@gitana1 and
@Mrspratcher
If I understand the following correctly, if the person is convicted of a felonious killing in a criminal proceeding, after all right to appeal has been exhausted, such conviction is conclusive under the Slayer Statute. Thus, the killer’s right to inherit from the victim is extinguished and the killer is generally treated as though he or she predeceased the victim.
Colorado Revised Statutes 2016 § 15-11-803 – Colorado Probate Code
15-11-803. Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations.
(1) Definitions. As used in this section, unless the context otherwise requires:
…
(b) "Felonious killing", except as provided in subsection (7) of this section, is the killing of the decedent by an individual who, as a result thereof, is convicted of, pleads guilty to, or enters a plea of nolo contendere to the crime of murder in the first or second degree or manslaughter, as said crimes are defined in sections 18-3-102 to 18-3-104, C.R.S.
(2)
Forfeiture of statutory benefits. An individual who feloniously kills the decedent forfeits all benefits with respect to the decedent's estate,
including an intestate share, an elective share, an omitted spouse's or child's share, the decedent's homestead exemption under section 38-41-204, C.R.S., exempt property, and a family allowance.
If the decedent died intestate, the decedent's intestate estate passes as if the killer disclaimed his or her intestate share.
…
(b) Severs the interests of the decedent and killer in property held by them at the time of the killing as joint tenants with the right of survivorship or as community property with the right of
survivorship, transforming the interests of the decedent and killer into tenancies in common.
…
(6)
Wrongful acquisition of property. A wrongful acquisition of property or interest by a killer not covered by this section shall be treated in accordance with the principle that a killer cannot profit from his or her wrong.
(7) Felonious killing; how determined - time limitations on civil proceedings.
(a) Criminal proceedings. After all right to appeal has been waived or exhausted following the entry of a judgment of conviction establishing criminal accountability for the felonious killing of the decedent, such judgment conclusively establishes the convicted individual as the decedent's killer for purposes of this section.
https://leg.colorado.gov/sites/default/files/images/olls/crs2016-title-1q5.pdf (page 168)
In your opinion would the property be sold, SW’s share distributed to her parents, and CW’s share held in trust until all appeals have been finalised?