Effective on July 1, 2021, the Florida legislature expanded its slayer statutes, to now include provisions to disinherit those persons who “abuse, neglect, exploit, or commit aggravated manslaughter” against an elderly or disabled person. See Fla. Stat. 733.303, 732.8031, and 736.1104.
If the person in question has been convicted by a court of abuse, neglect, exploitation, or aggravated manslaughter against the decedent, this creates a “rebuttable presumption” in favor of disinheritance. Absent a conviction, the trial court then must find “by the greater weight of the evidence” that the person engaged in conduct that caused or contributed to the decedent’s abuse, neglect, exploitation, or death. Florida Statute 732.8031 provides, in relevant part:
- A surviving person who is convicted in any state or foreign jurisdiction of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult, as those terms are defined in s. 825.101, for conduct against the decedent or another person on whose death such beneficiary’s interest depends is not entitled to any benefits under the will of the decedent or the Florida Probate Code, and the estate of the decedent passes as if the abuser, neglector, exploiter, or killer had predeceased the decedent. Property appointed by the will of the decedent to or for the benefit of the abuser, neglector, exploiter, or killer passes as if the abuser, neglector, exploiter, or killer had predeceased the decedent.
- (a) A final judgment of conviction for abuse, neglect, exploitation, or aggravated manslaughter of the decedent or other person creates a rebuttable presumption that this section applies.
- (b)In the absence of a qualifying conviction, the court may determine by the greater weight of the evidence whether the decedent’s or other person’s death was caused by or contributed to by the abuser’s, neglector’s, exploiter’s, or killer’s conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2) for purposes of this section.
The Florida Trust Code also now similarly disinherits any person found to commit abuse, neglect, exploitation, or aggravated manslaughter against the settlor of a trust or “another person on whose death such beneficiary’s interest depends.” The statute contains a rebuttable presumption which is triggered by a qualifying conviction. The court may also make a determination by the greater weight of the evidence of “whether the decedent’s or other person’s death was caused by or contributed to by the abuser’s, neglector’s, exploiter’s, or killer’s conduct…”. The statute also carves out an exception, which allows a capacitated victim to ratify their intent to allow the wrongdoer to retain a trust interest. Florida Statute 736.1104 specifically reads as follows:
- A beneficiary of a trust who unlawfully and intentionally kills or unlawfully and intentionally participates in procuring the death of the settlor or another person on whose death such beneficiary’s interest depends, is not entitled to any trust interest, including homestead, dependent on the victim’s death, and such interest shall devolve as though the killer had predeceased the victim.
- A final judgment of conviction of murder in any degree is conclusive for the purposes of this section. In the absence of a murder conviction 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.
- A beneficiary of a trust who was convicted in any state or foreign jurisdiction of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult, as those terms are defined in s. 825.101, for conduct against a settlor or another person on whose death such beneficiary’s interest depends is not entitled to any trust interest, including a homestead dependent on the victim’s death, and such interest shall devolve as though the abuser, neglector, exploiter, or killer had predeceased the victim.
- (a) A final judgment of conviction for abuse, neglect, exploitation, or aggravated manslaughter of the decedent or other person creates a rebuttable presumption that this section applies.
- (b) In the absence of a qualifying conviction, the court may determine by the greater weight of the evidence whether the decedent’s or other person’s death was caused by or contributed to by the abuser’s, neglector’s, exploiter’s, or killer’s conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2) for purposes of this section.
- (c) This subsection does not apply if it can be proven by clear and convincing evidence that, after the conviction of abuse, neglect, or exploitation, the victim of the offense, if capacitated, ratifies an intent that the person so convicted of abuse, neglect, or exploitation retain a trust interest by executing a valid written instrument, sworn to and witnessed by two persons who would be competent as witnesses to a will, which expresses a specific intent to allow the convicted person to retain a trust interest.
Another update expanding Florida’s statutes includes provisions on precluding individuals from serving as personal representatives of Florida estates. Now, one convicted of abuse, neglect, exploitation, or aggravated abuse against an elderly or disabled person in any state is now barred from serving as personal representative. See Fla. Stat. 733.303. If the person who is named in the will to serve as personal representative, then letters of administration are to be granted as per Fla. Stat. 733.301.
These broadened provisions are ones to discuss with your trusted probate lawyer, when faced with an issue of abuse, neglect, exploitation of an elderly person or disabled person’s estate. Not every state has expanded the reach of its slayer statutes to protect victims of abuse, neglect, exploitation, or aggravated manslaughter of elderly and disabled persons, and some states require criminal convictions while others do not.
