Grandson’s estate keeps property after grandson kills grandfather

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The estate of a man who killed his grandfather hours before taking his own life will keep the property the grandfather gave to the grandson.

Andrew Vahey, 24, fatally shot his grandfather, Joseph DePonceau, on June 27, 2024, then killed himself.

Theresa DePonceau and Tonya D. Wilson, the co-executors of the estate of DePonceau, filed a petition in Monroe County Surrogate’s Court to decide whether the property that DePonceau deeded to Vahey should be forfeited and revert back to DePonceau’s estate because Vahey killed his grandfather.

DePonceau deeded a home in Irondequoit to Vahey, while retaining a life use for himself. The life use obligated DePonceau to continue to be responsible for all taxes, assessments, and other expenses.

The deed of transfer also reserved to DePonceau the right to grant life use of the property to others. Under the arrangement, Vahey’s interest could be completely divested by DePonceau, but at the time of his death, DePonceau had not exercised that power.

“Petitioners believe that, because Andrew A. Vahey directly caused the death of decedent, Mr. Vahey’s estate must not profit therefrom, and his remainder interest should revert to the decedent’s estate,” according to the petition.

The estate contends summary judgment is warranted, forfeiting Vahey’s interest in the property because Vahey “directly caused” the death of his grandfather.

Vahey’s estate opposed the argument on the ground that Vahey’s interest was vested and not subject to forfeiture.

DePonceau’s estate conceded that Vahey’s interest was vested at the moment his grandfather deeded him the property, but argued that it was a “future interest subject to complete defeasance,” and because it could be “divested,” the property was subject to forfeiture for his act of killing his grandfather.

The estate argued that the vested interest was subject to being completely stripped by the exercise of DePonceau’s power of appointment, so Vahey was somehow less than fully vested because the arrangement was not unconditional and not protected.

“There is, however, a preliminary issue, one not briefed by either party, which is whether Andrew was a ‘wrongdoer,’ ” Judge Christopher S. Ciaccio wrote.

“No facts have been elicited to determine whether Andrew intentionally killed his grandfather or killed him involuntarily or … as a result of mental disease or defect,” Ciaccio wrote.

“Maybe the grandfather pushed him, and the gun, obviously loaded, unintentionally went off. Maybe it was pointed at the floor and Andrew stepped back, tripped and it pointed up and discharged. What happened is not known but certainly has not been established by anything approaching admissible non-hearsay evidence,” Ciaccio wrote.

“The assertion by the executors … that Andrew purposely killed his grandfather, does not constitute sufficient evidence,” Ciaccio wrote.

“The burden is on the estate to establish that Andrew is a wrongdoer,” he wrote.

“The burden not having been met, Andrew’s interest in the real property, which ascended to a fee simple absolute upon the death of his grandfather, passes to his estate,” Ciaccio wrote.

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