Can Someone Convicted of Elder Abuse Still Inherit in Alabama?

One of the most troubling scenarios in estate law occurs when a person who abused or exploited an elderly family member stands to inherit from the very person they harmed. It is a painful reality that families across Alabama have confronted, and current law has limited tools to address it.

A new legislative proposal in the 2026 Alabama session — House Bill 9 (HB 9) — seeks to change that by expanding existing laws to prevent individuals convicted of elder abuse, neglect, or financial exploitation from inheriting money or property from their victims.

What Does Alabama HB 9 Propose?

HB 9 would create financial consequences for people convicted of elder abuse or exploitation. Specifically, the bill would block convicted abusers from inheriting through several channels:

• Wills: A person convicted of elder abuse would be unable to receive assets left to them in the victim’s will
• Intestate succession: If the elderly person died without a will, the abuser would be excluded from the standard inheritance hierarchy
• Life insurance and contractual benefits: The bill would prevent abusers from collecting proceeds from life insurance policies, retirement accounts, or other contractual benefits naming them as beneficiaries
• Joint property survivorship: The abuser would lose automatic survivorship rights in jointly owned property

Under HB 9, when an abuser is stripped of inheritance rights, the property would pass to the next person in line — as if the abuser had died before the victim. This prevents the abuser from benefiting financially from their harmful conduct.

How Would the Law Be Applied?

The bill provides two pathways for applying these inheritance restrictions. First, they can be triggered automatically by a criminal conviction for elder abuse, neglect, or financial exploitation under Alabama law.

Second, even without a criminal conviction, a court could apply the restrictions based on a judge’s findings in a civil proceeding. This is an important provision because not every case of elder abuse results in criminal charges, but the civil court system may still have clear evidence of the abusive conduct.

This dual approach gives Alabama families more options for seeking justice and protecting the assets of elderly loved ones who have been victimized.

Current Alabama Law on Elder Abuse and Inheritance

Alabama already has what is known as a “slayer rule,” which prevents a person who causes the death of another from inheriting from that person’s estate. However, the slayer rule has traditionally been limited in scope and does not specifically address elder abuse, neglect, or financial exploitation that does not result in the victim’s death.

HB 9 would fill this gap by extending similar protections to cases involving elder abuse — even when the victim survives. The legislation also addresses Senate Bill 41, which passed the Alabama Senate with similar provisions aimed at keeping elder abusers from profiting from their victims’ deaths.

Together, these proposals reflect growing recognition in Alabama that the law must do more to protect elderly citizens from financial exploitation by family members and caregivers.

Why This Matters for Alabama Families

Elder abuse is more common than many people realize. According to the National Council on Aging, approximately one in ten Americans aged 60 and older experiences some form of elder abuse. Financial exploitation is one of the most prevalent forms, often perpetrated by family members or trusted caregivers who have access to the elderly person’s finances.

For Alabama families dealing with these situations, HB 9 would provide a powerful legal tool. It sends a clear message that abusing or exploiting an elderly person will carry consequences beyond criminal penalties — it will also affect the abuser’s financial interests in the victim’s estate.

If this bill is signed into law, it would take effect on October 1, 2026. Families who suspect elder abuse should consult with an attorney to understand their options under both current and pending legislation.

Protecting Your Family’s Interests

Whether you are concerned about a vulnerable family member or dealing with the aftermath of elder abuse, there are steps you can take now:

• Review estate documents: Ensure that wills, trusts, and beneficiary designations reflect the elderly person’s true wishes
• Report suspected abuse: Contact Adult Protective Services or local law enforcement if you suspect elder abuse or exploitation
• Explore guardianship or conservatorship: If an elderly family member is unable to manage their own affairs, a guardianship or conservatorship may be appropriate
• Consult an attorney: An experienced probate and elder law attorney can help you understand the legal options available to protect your loved one

The Harris Firm handles probate, estate planning, and elder law matters throughout Alabama. If you have concerns about elder abuse or need help protecting a family member’s estate, contact us at (205) 201-1789 for a consultation.

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