Probate After a Murder in North Palm Beach
Although every death in the family is difficult to accept, murders can be particularly troubling for loved ones. A sense of justice and closure is incredibly important in this scenario, and this may take precedence over the probate process. But although probate may not be as dramatic as a murder case, this legal process is nonetheless important for family members. How does a murder affect probate in North Palm Beach?
What Is the “Slayer Statute” in Florida?
The Slayer Statute states that if a person is responsible for someone else’s death, that individual loses all benefits that they would have received from the victim’s estate. This includes Wills, life insurance payouts, trusts, beneficiary designations, and anything else the victim might have left behind.
The statute also states that the probate court will treat the killer as if they had “predeceased” the victim. In other words, the court will act as if the killer is already dead – and dead individuals cannot inherit property.
The Slayer Statute also specifically mentions joint tenancy, which is a type of real estate ownership in Florida common among spouses. With joint tenancy, a “right of survivorship” passes to the spouse or partner who outlives the other. In other words, when one spouse dies, the other inherits the home. This is not the case if one spouse murders the other, and the Slayer Statute cancels out this right of survivorship.
The same principle also applies to any other jointly owned assets with the right of survivorship, including bank accounts.
Does the Killer Have to Be Convicted for the Slayer Statute to Apply?
If a criminal court convicts the killer of murder, then the Slayer Statute applies. However, there may be certain situations in which the Slayer Statute might apply even without a murder conviction. Under Florida’s Probate Code, the court may examine the situation and determine whether the killing was “unlawful and intentional.”
A “greater weight of the evidence” may be all that is required to establish liability in this respect, which is a far lower burden of proof than the requirement of proof “beyond a reasonable doubt” in criminal cases. This is something you might want to discuss with a probate lawyer, especially if you suspect that someone murdered your family member.
Family Members Often Murder Their Own Loved Ones
An uncomfortable truth is that family members sometimes carry out these killings. Oftentimes, these murders are motivated by financial gain, as the perpetrators know that they will inherit large sums of money if their relatives pass away. By “speeding up this process,” these murderers hope to cash in and conceal the nature of their crimes.
Can a Probate Lawyer in North Palm Beach Help Me?
A probate lawyer in North Palm Beach may be able to help guide your family through this legal process, regardless of how your loved one passed away. Murder can affect the probate process in many ways, and you might need to coordinate your approach with ongoing criminal investigations. To learn more about the next potential steps, contact Kitroser Lewis & Mighdoll at your earliest convenience.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.802.html
