Should murderer’s children inherit Florida probate? July 29, 2015 undue influence Florida appeal of Ben Novack estate

Uncategorized • Aug 1, 2015

WEST PALM BEACH, FLORIDA– If you are involved in an undue influence case and the Florida Slayer Statute, you should read this July 29, 2015 4th DCA opinion, which is provided at the end of this Florida probate legal commentary. ….

Can a killer inherit from a Palm Beach Probate?

Down the road from our West Palm Beach probate litigation law firm is Florida’s 4th District Court of Appeal.
The “4th DCA” hears appeals of all probate, estate, trust & guardianship matters for Martin County, Palm Beach County and Broward County.
If you are involved in any Florida probate administration or estate litigation, consider reading this recent Florida appellate opinion.
At issue in this Florida probate appeal was whether the Florida Slayer Statute would prohibit a murderer’s children and grandchildren from inheriting.

What is the Florida slayer statute and does it prevent a killer from inheriting?

In Florida, there is a probate Slayer Statute, Florida Section 732.802. The Florida Slayer Statute “says” that a murderer, or anyone, for that matter, who “participates in procuring the death” of someone is NOT entitled to any benefits under the Florida Probate Code.
If you kill, you don’t inherit.
That was not really at issue in the Fiel v. Hoffman case. (4D14-1048)
The murderer was the decedent’s wife, and she clearly did not inherit.
Some of you may remember the Ben Novack murder case.
This is Mr. Novack’s estate.
The murderer was treated as if she predecased the victim. OK… but…………
there was/were alternative beneficiary designations in Mr. Novack’s will, which left his estate, if his wife did not “survive,” to his wife’s child and grandchildren.

What if a will has an alternate beneficiary?

That’s right: Mr. Novack’s will “said” if my wife does not inherit, then give my estate to her family (descendants from another relationship).
In other words, the murderer did not inherit, but the murderer’s descendants from another relationship did.
Needless to say, relatives of Mr. Novack took exception to this and engaged in the probate litigation.
The matter is “going back” to the Ft. Lauderdale probate court to determine if the will is invalid based upon undue influence.

Can a Florida will be overturned based on undue influence?

In Florida probate, all, or a part, of a will may be invalid if it is the product of undue influence.
The other issue at the 4th DCA was whether a cause of action was properly stated to set aside the will based upon undue influence.
The appellants did not allege that the murderer’s daughter and grandchildren participated in unduly influencing Mr. Novack when he made his will.
They did, however, allege that the entire will was invalid based upon the undue influence of the murderer.
Did the appellants, in their petition to overturn the will based upon undue influence, have to allege that the daughter and grandchildren participated in that undue influence? No. Not in this petition anyway.
It was sufficient for the appellants, in their petition to overturn the will, to state that theentire will was invalid due to the undue influence of the murderer–including the provisions which benefited the murderer’s descendants from another relationship (daughter and grandchildren.)
Also, the petition to overturn the will stated that the actions of the murderer (the supposed undue influence) were taken to not only benefit her (the murderer) but also her family.
So, 1) the Slayer Statute in Florida will let the murderer’s children and family inherit if the murderer is “out” under 732.802; 2) when pleading undue influence, be specificabout whether the entire will is invalid or just a part of the will; 3) be specific on who committed the undue influence–and for whose benefit the undue influence was committed; and 4) finally, consider pleading that the actions of the undue influencerwere for her benefit and the benefit of the other beneficiaries.

Here is a link to this recent, July 29, 2015 4th District Court of Appeal legal opinion on this Ft. Lauderdale probate. http://www.4dca.org/opinions/July%202015/07-29-15/4D14-1048.op.pdf