The Slayer Statute and Florida Probate Law
“The Slayer Statute” sounds like it should be the name of a big budget Hollywood movie from the pre-Netflix days, when people would spend Saturday nights in the movie theater with a huge, overpriced bucket of popcorn. Despite its catchy name, it is a real law that attempts to serve the aims of justice regarding a serious matter, namely beneficiaries of a will who directly killed the decedent from whom they stand to inherit. Being the personal representative of the estate of someone who died under such tragic circumstances is never a simple task. Old grievances among family members tend to rise to the surface in probate court even in cases where the decedent died of natural causes at an advanced age and remained healthy until the end of his or her life. Imagine how much worse it is when one family member blames another for the decedent’s death, whether or not the criminal court agrees with that interpretation. If you are the personal representative of the estate in a probate case where there are allegations of elder abuse or worse, contact a Dade City probate lawyer.
Probate Cases Involving Allegations of Elder Abuse Are Messy Even When No One Challenges the Will
Pursuant to the Slayer Statute, the beneficiary of a will loses his or her right to the inheritance if the beneficiary intentionally or unlawfully caused the decedent’s death. When the probate court applies the Slayer Statute, it executes the will as if the “slayer” beneficiary had predeceased the decedent.
If you believe that a beneficiary of your family member intentionally caused the decedent to die, there are two ways that you can invoke the Slayer Statute. The simpler way is to prove that the beneficiary was convicted of a crime related to the death of the testator of the will. Originally, the Slayer Statute applied only to murder cases, but in 2021, it was expanded to include other crimes, such as the following:
- Manslaughter
- Elder abuse
- Domestic violence
- Vehicular homicide
- Arson
- DUI resulting in death
- Drug delivery resulting in death
Even if the beneficiary did not get convicted of a crime related to the testator’s death, it is still possible to invoke the Slayer Statute. Remember that the criminal court can only convict a defendant if the prosecution can persuade the jury of the defendant’s guilt beyond a reasonable doubt, or if the defendant pleads guilty. The standard of evidence is lower in civil cases, including probate disputes; you must only show a preponderance of the evidence. In other words, if you can show that the family member who willingly took on the role of caregiver in the decedent’s final years wanted the decedent to die and hastened the decedent’s death through neglect, intentional medication overdose, or some other means, this may be enough for you to persuade the court to disinherit that family member.
Contact a Florida Estate Planning Attorney About Probate Cases
A probate attorney can help you if you are the personal representative in a probate case that has taken an ugly turn. Contact The Law Office of Laurie R. Chane in Dade City, Florida to discuss your case.
Source:
flsenate.gov/Laws/Statutes/2015/732.802#:~:text=(1)%20A%20surviving%20person%20who,killer%20had%20predeceased%20the%20decedent.
