This sad news article came across the attention of our attorneys this month: Connecticut Man Charged with Killing Parents Who Had Planned To Cut Him Out of Their Will.
Kyle Navin’s alleged sad and horrific murder of his parents is a tragedy that benefitted no one. In Connecticut, like Florida and 41 other states, the son cannot receive an inheritance from the parents he murdered.
Under F.S. 732.802 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. It also severs any rights by survivorship in joint property.
The suspect doesn’t even have to be convicted of murder for the statute to apply. 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. If the suspect has been convicted of murder in any degree it’s conclusive for purposes of the statute.