If you follow the news you have probably heard of the slayer statute that most States have in their probate code. Do you know how the slayer statute works in West Palm Beach? Ben Novack’s estate is in the news again, this time because of an appeal regarding his heirs and taking of an inheritance. Do you think the slayer statute should extend to heirs of the killer? The Court did not think so, take a look at what happened.
West Palm Beach Slayer Statute
- Do you know what a slayer statute is?
- Most states have these as part of their probate code, but the particulars can vary from State to State.
- So do you know how it works in Florida?
- Florida’s slayer statute does not extend past the actual killer.
- In other words if a father kills a grandmother, the grandchildren are still going to inherit under the will or intestacy.
- In fact the way the inheritance is treated is rather interesting.
- The court will pretend that the person who is found responsible for the murder (i.e. slaying) predeceased the decedent.
- In most cases this means that the children of the slayer are going to take under the will despite a direct relative’s wrong doing.
- Do you think that is fair?
- Several litigants out of West Palm Beach did not think so, check out this interesting appeal out of the Fourth District Court of Appeal.
Fiel v. Hoffman as Personal Representative
- In this appeal, the appellants asked the court to extend the reach of the slayer statute to the children and grandchildren of a murderer to prevent inheriting under a decedent’s will.
- The court held that the language of the statute did not allow them to interpret the law that way.
- Do you agree?
- Here are some of the basic facts of this case.
- A wife was arrested and then convicted of the murder of her husband, she was also responsible for the death of her mother in law.
- The woman had done this to ensure that her children from another marriage would take under the will.
- The cousins of the decedent then filed the instant action to try to invalidate the portions of the will that benefited the children of the slayer.
- Do you think the Court should have afforded some relief?
Want to learn more?
Check out the entire case by clicking here.