COURT KILLS ROB REINER’S SON’S REQUEST FOR LEGAL DEFENSE FEES FROM TRUST

COURT KILLS ROB REINER’S SON’S REQUEST FOR LEGAL DEFENSE FEES FROM TRUST

The request of Nick Reiner for legal defense fees from the trust fund established by his parents, Rob and Michele Reiner, may have reached a dead end.  Nick’s defense team (Nick was indicted for the murder of his parents) argued the Slayer Statute requires a determination of guilt, not a mere accusation.  His attorneys have stated Nick is presumed innocent and has been convicted of nothing.

Court denies Nick Reiner's request to use his parents' trust for criminal defense fees under California's Slayer Statute

However, the court agreed with the position of the trustees of the trust for the benefit of Nick. The Trustees argued criminal proceedings should be first decided to determine whether funds can be released citing California’s “Slayer Statute” which prevents individuals from inheriting money or property (which includes from a trust) if a person “feloniously and intentionally” kills.  The Trustee argued “California has enacted no exception permitting a killer’s inheritance to be used for criminal defense costs”.

Nick had originally claimed the trust required a mandatory distribution when he turned 30.  Nick turned 30 two years before the murders, and he wasn’t determined as incapable of receiving funds. The attorneys for the trust argued Nick consented to no distribution since he didn’t make a demand before the murders.  In reality, the Trustee probably knew Nick was unstable so he did not make a distribution to Nick at age 30.  It is unknown if that was at Rob and Michelle’s suggestion.

The fate of whether the $1.5 million trust established by Rob and Michele when Nick was a child could be determined if he is found guilty or not.  However, even if not criminally convicted, the probate court may still determine whether he “feloniously and intentionally” killed his parents under preponderance of evidence standard.  Prosecutors recently added a new charge of “lying in wait” before killing his parents in addition to the murder charges against Nick which gives rise to a potential death penalty for him or the possibility of life in prison without the possibility of parole.

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