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Florida Slayer Statute: In Florida Probate Litigation, How Does Murder Affect Inheritance?

Uncategorized Sep 14, 2018
post about Florida Slayer Statute: In Florida Probate Litigation, How Does Murder Affect Inheritance?

What happens when a person murders another person, does the murderer still get an inheritance? Do the murderer’s children still get an inheritance?If I murder my husband, can my children from another marriage still inherit under his will? A July 29,2015 opinion from the Fourth DCA discusses this issue.

Murder and Inheritance

  • What does murder have to do with Florida probate litigation?
  • Under Florida trust and estates matter,  how can murder affect inheritance?
  • A probate lawyer West Palm Beach can tell you that Florida statutes section 732.802,also known as the Slayer Statute, bars a convicted murderer from benefitting under a will of the decedent that he or she murdered.
  • This makes sense.
  • Why should a person who kills another person be able to inherit from the victim’s estate?
  • Wouldn’t that, perhaps,  tempt greedy beneficiaries to commit murder?
  • Ok, so the murderer cannot inherit… but what about the murderer’s children?

Fiel & Fiel v. Hoffman

  • This Fourth DCA case involved a woman who murdered her husband.
  • The murderer had a child from another marriage and grandchildren from that child.
  • The decedent here left everything to his mother(who was deceased), then his wife, then her child and grandchildren.
  • Here, since the wife was the murderer, under the Slayer Statute, she could not inherit.
  • However, her child and grandchildren were not barred by the statute from inheriting and were the “sole beneficiaries of the estate.”
  • This case did, however, involve an undue influence claim, as well.
  • Read the entire case by clicking here to find out how that claim affected the outcome.User’s Guide for Florida Probate Litigation & Administration of Estates, Wils & ProbatesWant to know more about Florida probate litigation? Consider these free resources: