The Probate Court Can Disinherit Abusive Family Members
Estate planning lawyers advise clients against disinheriting family members for petty reasons. They also advise against setting conditions on receiving payments from a testamentary trust; attempts to micromanage beyond the grave are rarely successful, especially when the testator of the will or grantor of the trust is no longer around to enjoy the Schadenfreude. In the end, though, it is the testator’s decision as to who inherits what; the probate court’s role is merely to ensure that the will is legally valid and to distribute the estate’s assets pursuant to the will after the estate has settled its debts and paid its taxes. The instances where the probate court can make an exception to the provisions of a legally valid will are few. One is when the surviving spouse of the decedent claims an elective spousal share. The other is in situations covered by the so-called “Slayer Statute,” and these situations are as bad as they sound. If you are the personal representative of the estate of someone who died under nightmarish circumstances, contact a Tampa probate lawyer.
Florida’s Slayer Statute Is Not Just for Convicted Murderers Anymore
No one will be surprised to find out that you forfeit your right to a family member’s inheritance if you murder that family member. This is the impetus behind the Slayer Statute. In its original form, it instructed the probate courts to administer the decedent’s will, if it listed the murderer as a beneficiary, as if the murderer had predeceased the decedent. In its narrowest interpretation, the Slayer Statute only applied to beneficiaries who had murdered the decedent and received a conviction for murder in criminal court.
Today, the Slayer Statute has broader applications; it applies to any beneficiary who intentionally causes the death of the testator. The crime that led to the testator’s death does not necessarily have to be murder. It can be reckless driving, DUI, drug delivery resulting in death, or abuse and neglect of an elderly person, among others.
Furthermore, a conviction in criminal court is not a prerequisite to applying the Slayer Statute. The criminal court can only convict a defendant if the defendant pleads guilty without being coerced to do so or if a jury finds the defendant guilty beyond a reasonable doubt. The standard of evidence in civil courts, including the probate court, is not nearly as high. You can invoke the Slayer Statute if you can persuade the probate court that the beneficiary caused the testator’s death; it is possible to do this if the beneficiary pleaded no contest in criminal court, was acquitted at trial, or was charged with a crime related to the testator’s death, but the criminal court later dropped the charges. The Slayer Statute can even apply when the beneficiary was never charged with a crime.
Contact David Toback About Nightmarish Probate Cases
A Central Florida estate planning lawyer can help you settle the estate even in high conflict probate cases. Contact David Toback in Tampa, Florida to set up a consultation.
Source:
flsenate.gov/Laws/Statutes/2015/732.802#:~:text=(1)%20A%20surviving%20person%20who,killer%20had%20predeceased%20the%20decedent.
