Wisconsin Court of Appeals Decision Puts Individuals at Risk

Assisted suicide has reared its ugly head again this year. Earlier in 2008, a State Senate committee held a public hearing on a proposed measure to legalize assisted suicide. Fortunately, no further action was taken by the committee.

Now we have a court decision emanating from Clark county. Linda and Megan Schunk allegedly drove Edward Schunk, their husband/father, to a cabin on their property and left him there alone with a loaded shotgun. He subsequently killed himself with the gun. Linda and Megan are inheritors under Edward’s estate. Another daughter of Edward’s, Donna Lemmer, filed proceedings claiming that Linda and Megan should not be entitled to their inheritance because they assisted in Edward’s suicide.

The Wisconsin Court of Appeals, District IV, concluded that the probate statutes only disallow inheritance when there is intentional killing, and that assisting a suicide is not an intentional killing under the probate statutes. Wisconsin does have a law specifically prohibiting assisted suicide but this statute does not address the inheritance issue.

This decision has ominous implications for Wisconsin citizens by giving a financial motive to those who provide the means for someone to kill themselves. Wisconsin Right to Life will seek either court or legislative action to close this loophole.

Barbara Lyons