Inheritance Law - Killer forfeits their share

Florida Law and Florida Statute 732.802 prohibit a person from inheriting from another person who they are found to have unlawfully and intentionally killed or participated in procuring of the death and they are 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.

Most states including Florida have some type of killer statute. In Florida the woman would be subject to jail time just as in New York if she was convicted beyond a reasonable doubt of murder. However all that would be required for her inheritance instead of being sped up to be terminated would be a preponderance of the evidence. If the woman were found not guilty but than found the greater weight of the evidence showed she had intentionally procurred the death then she would be treated as having pre deceased and would receive no property.

OJ Simpson was the subject of the last post and in his situation he was found not guilty but then found responsible and that would have been sufficient in Florida so he would not have able to inherit from Nicole Brown Simpson even if she had provided for him in her will. Although in their situation any provisions she had made for OJ in a will or trust that had not been updated since the divorce would be void anyway because upon divorce such provisions absent a showing of intent to retain the gift to the ex spouse are removed from the will and trust documents since that is what the Florida legislature assumes is the intent of the grantor or testator.

Woman Tries to Speed Up Inheritance
BATH, N.Y. (AP) — A woman who spiked her elderly neighbor's pastry with over-the-counter medication will spend up to nine years in prison.

Jennifer Clark, 26, was sentenced Monday to between 2 and 6 years in state prison for serving her 82-year-old neighbor a store-bought apple strudel cake (search) laced with a nighttime pain reliever.

She also was sentenced to a consecutive term of 1-3 years on an unrelated burglary charge.
Prosecutors said Clark spiked the pastry in September after learning the man was going to include her in his will. The man, who is described as frail, noticed the pills in the strudel before consuming a significant amount.

Clark was originally charged with attempted first-degree assault, which carries a maximum sentence of up to 15 years in prison. But under a deal with prosecutors, she pleaded guilty to first-degree reckless endangerment.