What is the name of your state? New York
This is a rather complicated situation, but I will explain all the details to the best of my ability. My elderly father was murdered by his step-daughter (my step-sister), and at the time of the murder my brother was also present in the house while the act took place. My brother is physically handicap and is confined to a wheelchair, but mentally he is very sharp (has earned an MBA in finance, etc.) My step-sister had been living with the two of them for some time prior to the murder, and she was acting as their caretaker.
Prior to the murder, it was quite obvious the two of them had been talking about it and plotting ahead of time. It's unknown if my brother was in favor of committing the murder, but at the very least he did nothing to try and prevent it. The murder was staged to look like a natural death, and nobody questioned it at the time. Nearly a year's time passed, and my brother finally reported to the police that there had been foul play resulting in our father's death. Our father's body was exhumed and an autopsy was performed, and my step-sister was promptly arrested and charged with murder.
My brother was never charged with any crime. The DA agreed not to charge him in exchange for his help and testimony to prosecute my step-sister. She pled guilty to a lesser charge of manslaughter, and is currently serving a 12.5 year prison sentence.
In my father's will, he left 100% of his estate/trust fund to my brother. He left his house and car to his step-daughter (which has obviously been taken away from her by the murder charge.) Upon my brother's death, I am named to receive 95% of the estate, and the other 5% goes to a 2nd brother of ours.) The Executor has requested relief of the estate following my father's wishes (100% to my brother who was present at the time of the murder, and then 95% to me and 5% to our 2nd bother upon our brother's death.) The hearing is in May.
My question is, based on these facts is their enough grounds to have my brother disqualified as an heir? I have been told different things by different sources, and the fact that my brother was never charged with a crime makes it a complicated issue. Any help, comments, or suggestions would be greatly appreciated.