New Hampshire is one of just a few states where someone convicted of homicide could inherit their victim's estate or make a profit from the death. That could change under a bill prompted by the 2019 murder of 5-year-old Harmony Montgomery.
Harmony’s father, Adam Montgomery, was convicted last year of killing her and taking steps to conceal her body, which has still not been recovered. Under existing law, Harmony’s estate would have to convince a probate court judge that her father should be disinherited. It would take a second legal fight to determine who should receive that person's share.
It can be a long and complicated legal process with an uncertain outcome, said attorney Sheliah Kaufold, who is handling Montgomery’s estate. Kaufold has been working on estate cases for 30 years, and she said several involving the homicide of a child have taken a year and more to resolve.
“That can be very very damaging to the emotions of the surviving family that is waiting for direction from the court,” she said. “It almost sounds insane that we have to go to court to prevent the person who caused the death from inheriting.”
In Montgomery’s case, her estate could include the proceeds of a lawsuit should her mother, Crystal Sorey, win her case against the New Hampshire Division of Children, Youth, and Families. The lawsuit alleges the agency received 19 abuse and neglect reports involving Montgomery or her living conditions and failed its fiduciary duty to project her.
Sorey told NHPR Thursday she supports the bill.
“My daughter’s life was precious and priceless, and the monster that took her from me forever should never be able to profit off any kind of wrongful death suit,” Sorey said in a message. “It’s like a slap in the face to not only the victim but everyone who truly loved them.”
How the process would change
Sen. Victoria Sullivan, a Manchester Republican, has filed legislation that would eliminate the first step in that two-part legal process to disinherit someone’s murderer from their estate.
Under Senate Bill 148, a person who had been convicted of intentionally killing a person — and had exhausted the right to appeal — would no longer have a right to the victim’s property or money. Nor could they make money off selling their rights to talk about the case or victim.
The legislation would apply to cases involving adult victims, too. But it was the murder of Harmony Montgomery that prompted a bipartisan group of lawmakers to sponsor the bill, Sullivan said. She said Vermont is the only other state without a so-called “slayer law.”
“This is just one piece of what we need to do to protect kids,” Sullivan said.
Courts have attempted to prevent convicted murders from benefiting off their victim's death.
When Hillsborough County Superior Court Judge Charles Temple sentenced Danielle Dauphinais to prison in October for the murder of her son Elijah Lewis, he also forbade her from profiting off the case.
Sullivan said she’s concerned that without a “slayer law” in place, someone could appeal that aspect of a sentence.
During a hearing on the bill Thursday, Senior Assistant Attorney General Benjamin Agati said the office was not taking a position on the proposal but is “incredibly appreciative that somebody else is concerned about this problem besides ourselves.”
Agati raised concerns about the legal implication of the bill’s wording. Sullivan said she expects to work with the committee to resolve those concerns before it goes before the full Senate.
