Tragic Case in New York: How Does New York’s Slayer Statute Differ from Florida’s? West Palm Beach Comparison.

A tragic case only gets well, more tragic as a slayer statute case  out of New York has been brought back into court. Do you know the story about a schizophrenic man who dodged criminal responsibility for stabbing to death his wealthy philanthropist Mom? Did you know that under the slayer statutes of Florida, in West Palm Beach probate court he would never have taken under the inheritance? In New York that was not the case and the man’s estranged father had to sue to get the money back in Manhattan probate court. Learn more about Florida’s slayer statute.

Slayer Statute

• A slayer statute is a law that prevents you from inheriting under someone’s will, trust, POD account, life insurance or otherwise if they intentionally cause the murder or death.
• Does an accidental death like a vehicle accident count?
• No, it has to be intentional.
• Although some level of recklessness may be considered by the Court in extreme circumstances.
• Keep in mind though you do not have to necessarily be criminally convicted.
• For example if you are found to have recklessly caused the death or the death is proven under the civil standard of preponderance of the evidence (over 50%) you still will not inherit.
• Does the law work the same in all courts across the nation?
• Different states have different probate codes so although most of probate is uniform there is still some variance.
• Check out this weird and tragic case out of Manhattan New York where apparently the slayer statute did not keep a person who killed their mother from inheriting.
• Although they were not found guilty by reason of insanity, in West Palm Beach that still would cause disinheritance by operation of law.

Schwartz v. the State of New York

• It was a very sad day when a schizophrenic man was charged with the death of his mother for stabbing her to death.
• Now his estranged father is dragging the man, now committed to a psychiatric hospital, back into court.
• Do you know why?
• He is suing on behalf of himself and his other son who committed suicide after this whole affair took a turn for the worse.
• The other son committed suicide after he found out about the terrible handling of the Mother’s estate.
• Apparently. the woman’s new husband [the children’s stepdad] gambled away over six million of the woman’s estate leaving about seven hundred thousand.
• It was in stock sales which were unauthorized.
• Doubt they will be able to get that money back.
• Either way now the father claims he is the one who should have the estate’s inheritance, not the murdering son.
• What do you think?
• What about the New York tax payers who have to pay for his commitment in a psychiatric hospital?
• Where is their share?

Want to learn more?

Check out this recent newspaper article on the topic from the New York Post.

Want to read the actual Florida slayer statute?

I set up a link to it, just click here.