Florida Life Insurance Slayer Statute Claims
If a loved one had life insurance or any assets and they were killed on purpose by another, Florida's Slayer Statute may void any claim that person may have had. In that case, another family member may be entitled to all of the life insurance benefits or assets. At the Law Offices of Jason Turchin, we're here to help. As an experienced Florida life insurance lawyer and probate litigation attorney in Florida, from Miami to Orlando to Tampa to Pensacola and beyond, we have extensive knowledge and experience litigating cases involving Florida's Slayer Statute - and what it means for survivors seeking life insurance benefits or assets that their loved one had. Call us at 954-515-5000 for a free consultation.
Florida Slayer Statute Claims
Under Florida law, generally no person is legally entitled to benefit from his or her own wrongful act - even if they are named as beneficiaries under a life insurance policy. This may include situations where someone has caused death intentionally or recklessly.
Under Florida Statute s. 732.802, a Killer is not entitled to receive property or other benefits by reason of victim’s death. The statute says that a surviving person who unlawfully and intentionally kills or participates in procuring the death of the decedent is not entitled to any benefits under the will or under the Florida Probate Code, and the estate of the decedent passes as if the killer had predeceased the decedent. Property appointed by the will of the decedent to or for the benefit of the killer passes as if the killer had predeceased the decedent.
Additionally, any joint tenant who unlawfully and intentionally kills another joint tenant thereby effects a severance of the interest of the decedent so that the share of the decedent passes as the decedent’s property and the killer has no rights by survivorship. This provision applies to joint tenancies with right of survivorship and tenancies by the entirety in real and personal property; joint and multiple-party accounts in banks, savings and loan associations, credit unions, and other institutions; and any other form of co-ownership with survivorship incidents.
A named beneficiary of a bond, life insurance policy, or other contractual arrangement who unlawfully and intentionally kills the principal obligee or the person upon whose life the policy is issued is not entitled to any benefit under the bond, policy, or other contractual arrangement; and it becomes payable as though the killer had predeceased the decedent.
Any other acquisition of property or interest by the killer, including a life estate in homestead property, shall be treated in accordance with the principles of this section.
A final judgment of conviction of murder in any degree is conclusive for purposes of this section. In the absence of a conviction of murder in any degree, the court may determine by the greater weight of the evidence whether the killing was unlawful and intentional for purposes of this section.
This section does not affect the rights of any person who, before rights under this section have been adjudicated, purchases from the killer for value and without notice property which the killer would have acquired except for this section, but the killer is liable for the amount of the proceeds or the value of the property. Any insurance company, bank, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of this section unless prior to payment it has received at its home office or principal address written notice of a claim under this section.
If you believe your loved one was killed and someone else may benefit financially, call a probate litigation attorney or life insurance attorney at the Law Offices of Jason Turchin today for a free consultation at 954-515-5000 or submit your inquiry online.