Can you inherit from a Florida estate if you cause someone’s death? The so-called slayer statute, found in the Florida Probate Code, is not limited to murder only.
Can you inherit if you kill someone in Florida?
- This may seem like a bizarre concept, but whether one who “procures” the death of another may inherit or not is not an estate concept limited to Florida Probate.
- A recent New York Law Journal article discusses this topic of inheritance rights of those that cause the death of someone. The name of the article is:
- “Inheritance by Wrongdoers in Victims’ Estates”
- The article is written by Bruce M. DiCicco.
Should You Inherit If You Kill Someone But Are Insane?
- What are the Probate rights of someone who leads to the death of a Florida person, but the wrongdoer was insane? What do other state courts say about those probate rights?
- In Florida, the probate law on the slayer statute does not make a distinction if the killer was insane or not. (You can view the Florida Probate Code and the Florida estate statutes for free online by doing a simple Google search of “Florida statutes”)
- See Florida Probate Code 732.802
Unlawfully and Intentionally Kills or Participates in Procuring the Death of a Florida Decedent Not Entitled to Benefits Under Florida Probate Code or Will
- So, take the obvious case: a Boynton Beach man kills his spouse. If it’s a clear case of murder, then that Palm Beach County probate can apply 732.802 and cut off, or disinherit, the widow’s inheritance rights under the Florida Probate Code
- What about joint tenants and joint bank accounts? Imagine there is a $2 Million joint account at a mutual fund company . Should the survivor/killer inherit that account? See 732.802(2) for joint accounts in Florida
- Finally, what if a woman is the girlfriend of a wealthy, retired executive from Jupiter, Florida and she is driving the Jupiter, Florida man and a car accident occurs which takes his life. Did she “participate” “in procuring” his death if she was speeding? Or driving negligently? Or driving under the influence?
- Does this scenario fit within Florida Probate Code 732.802?
- Let’ say that this woman was the sole beneficiary under his Florida will. Who has standing to object to the Florida will in a Palm Beach probate? Or, what if he owed her money…… does she still have a claim in the estate or does the Florida slayer statute only cut off inheritance rights and not contract rights or claims?
- Here is the link to the New York Law Journal article by New York estate attorney Bruce DiCicco on whether one who causes another’s death should inherit from an estate or probate: http://www.newyorklawjournal.com/expert-analysis/id=1202667964820/Inheritance-by-Wrongdoers-in-Victims-Estates?mcode=1380566174563&curindex=1&slreturn=20140726050502