En esta noticia
Article 732.802 of the Florida Succession Code states that an heir loses all rights to the deceased person’s assets if they unlawfully and intentionally kill them, even if their name appears in the will. The rule applies throughout the state and extends to inheritances, insurance, and joint accounts.
The provision is part of the Florida Probate Code and applies regardless of the family relationship between the heir and the victim. It covers wills, bank accounts with rights of survivorship, and life insurance policies.
What does Article 732.802 establish regarding heirs who kill the victim?
The law determines that, if an heir unlawfully and intentionally kills the holder of the estate, they are legally treated as if they had died before the victim. For that reason, they automatically lose any right to assets, accounts, or policies in their name.
The measure is not limited to wills: it also applies to joint accounts with rights of survivorship and to life insurance policies in which that person is listed as a beneficiary.
The article contemplates different scenarios in which this loss of rights applies:
- Inheritances established by will
- Joint checking or savings accounts
- Life insurance policies
- Properties with rights of survivorship, including the family home
How is it determined whether an heir loses their rights for this cause?
For this loss of rights to apply, Florida justice generally requires a final conviction for murder in any degree. That ruling is enough to automatically exclude the heir.
If there is no conviction, a court may determine the exclusion based on the preponderance of the evidence. In both cases, the assets pass to the other heirs as if the person responsible had never legally existed.