Florida Judge Rejects Children’s Attempt to Disinherit Father Under “Slayer Statute”

It may seem like common sense, but Florida law forbids a person from killing someone and then inheriting their estate. This is colloquially known as Florida’s “Slayer Statute.” It provides that a surviving person who “unlawfully and intentionally kills or participates in procuring the death of the decedent” cannot inherit under the decedent’s will or Florida intestacy law. These same rules apply to surviving joint tenants or the named beneficiary of a trust or payable-on-death asset, such as a life insurance policy.

One thing to note about Florida’s Slayer Statute, however, is that it is not limited in application to persons convicted of murder or another crime in connection with the decedent’s death. In a probate proceeding, the court can still apply the Slayer Statute to disinherit someone if the “greater weight of the evidence” shows the person unlawfully killed the decedent.

Who Qualifies as an “Elderly Person”?

Another aspect of the Slayer Statute is that it covers individuals who committed “abuse, neglect, exploitation … of an elderly person or disabled adult.” In this context, an “elderly person” is someone who is at least 60 years old who suffers from the “infirmities of aging” to the point where they can no longer adequately provide for their own care or protection.

A recent  case from Miami-Dade County illustrates how courts apply these definitions. This case involved a deceased woman named Tania Citron. She was married to her husband for over 55 years. The couple had five children.

Cintron died in September 2022. Under the terms of her estate plan, Cintron’s husband was named personal representative of her estate and successor trustee of her revocable living trust. Two of the couple’s children subsequently filed suit, however, alleging their father and another one of their siblings caused their mother’s death through abuse and neglect. The children sought to invoke the Slayer Statute to disinherit their father and remove him from his fiduciary roles.

A Miami-Dade Circuit Court judge rejected the children’s request, however, after determining their mother did not qualify as an “elderly person” under the Slater Statute. After reviewing all of the evidence, including the testimony of the parties, the judge determined that although Cintron was ill prior to her death, she “remained alert and cognizant” at all times. Put another way, there was insufficient proof that she could no longer provide for her own care. And even if she did meet the legal threshold for an “elderly person,” the judge said there was insufficient evidence to prove that the husband or sibling “abused or neglected Tania or otherwise caused or contributed to her death.”

Contact a Pompano Beach Estate and Trust Litigation Lawyer Today

Slayer Statute cases are rare in Florida. But they are an example of the type of litigation that may arise between family members following a loved one’s death. If you are involved in such a dispute and need advice or representation from a skilled Pompano Beach estate and trust litigation lawyer, contact the offices of Mark R. Manceri, P.A., today to schedule a consultation.

Source:

law.com/dailybusinessreview/2024/08/06/slayer-statute-tested-and-failed-as-kluger-kaplan-gets-probate-win/