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Florida Statute 732.802 | Lawyer Caselaw & Research
F.S. 732.802 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 732.802

The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS
View Entire Chapter
F.S. 732.802
732.802 Killer not entitled to receive property or other benefits by reason of victim’s death.
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
History.s. 1, ch. 74-106; s. 113, ch. 75-220; s. 1, ch. 82-71.
Note.Created from former s. 731.31.

F.S. 732.802 on Google Scholar

F.S. 732.802 on Casetext

Amendments to 732.802


Arrestable Offenses / Crimes under Fla. Stat. 732.802
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.802.



Annotations, Discussions, Cases:

Cases from cite.case.law:

FIEL v. F. HOFFMAN, H. Jr. E. P. A., 169 So. 3d 1274 (Fla. Dist. Ct. App. 2015)

. . . Ultimately, the court determined that based upon section 732.802, Florida Statutes (2012), the Slayer . . . that the Slayer Statute did not prohibit the children of the murderer from inheriting, ruling: Section 732.802 . . . Disagreeing with this outcome, the Legislature later expanded the statute by enacting section 732.802 . . . decedent to or for the benefit of the killer passes as if the killer had predeceased the decedent. § 732.802 . . . Currie, 606 So.2d 454, 456 (Fla. 1st DCA 1992) (“We hold as a matter of law that section 732.802 does . . .

COSMAN, v. RODRIGUEZ,, 153 So. 3d 371 (Fla. Dist. Ct. App. 2014)

. . . murder precluded his claim to surviving spouse status by operation of the “slayer statute,” section 732.802 . . . In reaching this conclusion, the circuit court failed to apply section 732.802, which states in pertinent . . . wrongful death of a decedent under Florida’s wrongful death law is an “interest” that, pursuant to section 732.802 . . .

CARLTON FIELDS, P. A. v. J. LoCASCIO,, 59 So. 3d 246 (Fla. Dist. Ct. App. 2011)

. . . . § 732.802, Fla. Stat. (2001). . . .

J. LoCASCIO, v. SHARPE,, 23 So. 3d 1209 (Fla. Dist. Ct. App. 2009)

. . . LoCascio: (1) Under the “slayer statute,” section 732.802 Florida Statutes (2001), Edward S. . . . The Son bases this argument on the phrase in subsection 732.802(1), that “the estate of the decedent . . .

In ESTATE OF SHEFNER, Jr. v. SHEFNER- HOLDEN, 2 So. 3d 1076 (Fla. Dist. Ct. App. 2009)

. . . Linda and Susan challenged the will’s validity, alleging undue influence, and that section 732.802, Florida . . .

A. JULIA, v. A. RUSSO, J., 984 So. 2d 1283 (Fla. Dist. Ct. App. 2008)

. . . alleges, appellant is not entitled to all of the funds pursuant to Florida’s Slayer Statute, section 732.802 . . . Section 732.802(2), Florida Statutes (2005), provides: (2) Any joint tenant who unlawfully and intentionally . . .

M. BARBER, v. G. PARRISH,, 963 So. 2d 892 (Fla. Dist. Ct. App. 2007)

. . . trial court’s adjudication of Appellant’s guilt of first-degree murder was final pursuant to section 732.802 . . . court’s determination of whether Appellant should be denied entitlement to the proceeds under section 732.802 . . . contractual arrangement; and it becomes payable as though the killer had predeceased the decedent. § 732.802 . . . Appellee moved for summary judgment pursuant to section 732.802(5), Florida Statutes (2003), which states . . . The Third District Court of Appeal examined the legislative intent behind section 732.802 and determined . . .

DONIGAN, v. NEVINS,, 785 So. 2d 573 (Fla. Dist. Ct. App. 2001)

. . . . § 732.802(1), Fla.Stat. (1999). . . .

HESS, v. HESS,, 758 So. 2d 1203 (Fla. Dist. Ct. App. 2000)

. . . The court reasoned that under the probate code, only section 732.802(1), Florida Statutes (1999), provides . . .

CONGLETON, C. v. SANSOM, I., 664 So. 2d 276 (Fla. Dist. Ct. App. 1995)

. . . The judgment invokes section 732.802, Florida Statutes (1991), the so-called “slayer statute,” which . . . Fla.1956), since enactment of chapter 82—71, at 186, Laws of Florida (1982) on April 2, 1982, section 732.802 . . . determine by the greater weight of the evidence whether the killing was unlawful and intentional.” § 732.802 . . . The trial court found: On the issue of civil homicide as outlined in Florida Statute 732.802, the Florida . . .

BARKER, Jr. v. JACKSON NATIONAL LIFE INSURANCE COMPANY,, 888 F. Supp. 1131 (N.D. Fla. 1995)

. . . Therefore, the fact that vesting occurred at Stacey Barker’s death (subject to divesting if Section 732.802 . . .

STATE DEPARTMENT LEGAL AFFAIRS, v. RAINS a k a a k a a k a s d b a, 654 So. 2d 1254 (Fla. Dist. Ct. App. 1995)

. . . D2518 [567 So.2d 1015 (1990)] and F.S. 732.802(1) BILLIE JEAN RAINS no longer has any legal interest . . .

K. CLAY, n k a K. v. PRUDENTIAL INSURANCE COMPANY OF AMERICA,, 617 So. 2d 433 (Fla. Dist. Ct. App. 1993)

. . . The insurer denied the claim, pointing to section 732.802, Florida Statutes (1985). . . .

CHATMAN, Jr. v. W. M. CURRIE E. C. A., 606 So. 2d 454 (Fla. Dist. Ct. App. 1992)

. . . We hold as a matter of law that section 732.802 does not apply to an innocent contingent beneficiary’ . . . Subsection 732.802(3) applies to a “named beneficiary of a ... life insurance policy ... who unlawfully . . . and intentionally kills ... the person upon whose life the policy is issued_” Subsection 732.802(3) . . . Subsection 732.802(4) states that “[a]ny other acquisition of [an] interest by the killer ... shall be . . . Section 732.802 is inapplicable under the facts of this case, and there was no breach of contract. . . . The “interest” referred to in section 732.802(4) obviously is not intended to cover this situation. . . .

PRUDENTIAL INSURANCE COMPANY AMERICA, v. MARULLO, A. A., 774 F. Supp. 631 (S.D. Fla. 1991)

. . . asking the undersigned to determine the recipient of the policy’s proceeds in light of Florida Statute § 732.802 . . . Florida Statute § 732.802(3) prohibits the beneficiary of a life insurance policy from recovering any . . . Section § 732.802(3) provides: A named beneficiary of a bond, life insurance policy, or other contractual . . .

LOPEZ, v. RODRIGUEZ N. A., 574 So. 2d 249 (Fla. Dist. Ct. App. 1991)

. . . Citing section 732.802(2), Florida Statutes (1989), Lopez contends- that Clemente's act of killing Isabel . . . Section 732.802(2) provides that a “joint tenant who unlawfully and intentionally kills another joint . . . Moreover, the rules of statutory construction preclude this court from rewriting section 732.802(2) to . . . Lopez also contends that the equitable principles of section 732.802 should preclude Carlos from receiving . . . Because section 732.802(2) is inapplicable to the circumstance before us, and the complaint does not . . .

COHEN v. COHEN,, 567 So. 2d 1015 (Fla. Dist. Ct. App. 1990)

. . . Cohen, no longer had any legal interest in the testator’s estate pursuant to the provisions of Section 732.802 . . . be irreparably harmed if the Probate Court Judge were to proceed in a manner consistent with Section 732.802 . . .

In ESTATE OF H. BENSON, In ESTATE OF R. BENSON, KENDALL, v. STARNES, W. W., 548 So. 2d 775 (Fla. Dist. Ct. App. 1989)

. . . s will or his brother’s intestate estate by reason of Florida’s so-called “Slayer Statute,” section 732.802 . . . The pertinent part of our Slayer Statute, section 732.802(1), provides as follows: A surviving person . . .

LYNN, v. PHILADELPHIA AMERICAN LIFE INSURANCE CO. Co., 543 So. 2d 807 (Fla. Dist. Ct. App. 1989)

. . . The trial court found, pursuant to the prohibitions of section 732.802, Florida Statutes (1987), that . . .

In ESTATE OF A. HOWARD, HOWARD, v. M. BAUMER, A. G., 542 So. 2d 395 (Fla. Dist. Ct. App. 1989)

. . . of a petition to determine beneficiaries which sought to disqualify a murdering spouse under Section 732.802 . . . Section 732.802, Florida Statutes (1985) provides in relevant part: (1) A surviving person who unlawfully . . . Howard was barred by Section 732.802 from receiving any benefits under the will or Florida Probate Code . . . Section 732.802, commonly known as the “Probate Murder Statute” originated in the 1933 Florida Probate . . . An adversary proceeding under Section 732.802 is not a damages action asserting breach of contract. . . .

M. BAUMER, A. v. G. HOWARD,, 542 So. 2d 400 (Fla. Dist. Ct. App. 1989)

. . . whether Peggy Howard had unlawfully and intentionally killed her husband, thus disqualifying her under 732.802 . . . unlawfully and intentionally killed the decedent and that she was therefore disqualified under Section 732.802 . . . The trial court found in its final order on the petition to determine beneficiaries that Section 732.802 . . . beneficiaries, in which order the probate court disqualified the widow as a murdering spouse under Section 732.802 . . .

DODD, v. AIG LIFE INSURANCE COMPANY M., 534 So. 2d 855 (Fla. Dist. Ct. App. 1988)

. . . arguments made by appellant on this issue, including her assertion of the applicability of Section 732.802 . . .

BURKETT, v. STATE, 518 So. 2d 1363 (Fla. Dist. Ct. App. 1988)

. . . 452 So.2d 140 (Fla. 3d DCA 1984), the court found that a “final judgment of conviction” under section 732.802 . . .

J. CAPOCCIA, Jr. J. Sr. v. CAPOCCIA,, 505 So. 2d 624 (Fla. Dist. Ct. App. 1987)

. . . Section 732.802(2), Florida Statutes (Supp.1982), pertinent here, provides: “Any joint tenant who unlawfully . . . As the court noted in Baiting-er, the prior statute (now subsection (1) of Section 732.802) merely precluded . . . killer from receiving benefits “from the decedent or to take any part of his estate as a devisee.” § 732.802 . . . cover all forms of ownership with sur-vivorship incidents — was codified with the enactment of Section 732.802 . . . See § 732.802(6), Fla.Stat. (Supp.1982). . . .

ZABRANI, v. J. RIVERON, 495 So. 2d 1195 (Fla. Dist. Ct. App. 1986)

. . . Section 732.802(3), Florida Statutes (1983), provides that, if a named beneficiary of a life insurance . . .

SIMPSON, v. SIMPSON,, 473 So. 2d 299 (Fla. Dist. Ct. App. 1985)

. . . Appellant relies on section 732.802(2), Florida Statutes (1983) which provides that a tenant by the entirety . . . Appellant also relies on section 732.802(5) for her contention that even in the absence of a conviction . . . of murder, section 732.802(2) will apply so long as the killing is proved, by the greater weight of . . . 848 (Fla.1951), also relied upon by appellant, states the common law principle codified by section 732.802 . . .

M. ANDERSON, v. K. ANDERSON,, 468 So. 2d 528 (Fla. Dist. Ct. App. 1985)

. . . relevant because at the time of the decedent’s murder, the statute dealing with forfeiture, section 732.802 . . . weight of the evidence whether the killing was unlawful and intentional for purposes of this section. § 732.802 . . . Appellant argues strenuously that the newly amended section 732.802 can be applied retroactively to the . . .

In ESTATE OF M. BRUMAGE, BRUMAGE, v. A. KIVI,, 460 So. 2d 989 (Fla. Dist. Ct. App. 1984)

. . . finding that Roland was entitled to the probate assets of the estate under the provisions of section 732.802 . . . not entitled to the nonprobate assets because those assets do not fall within the purview of section 732.802 . . .

NUNEZ, a v. GONZALEZ, E., 456 So. 2d 1336 (Fla. Dist. Ct. App. 1984)

. . . Although subsections (3) and (5) of section 732.802, Florida Statutes (Supp.1982), appear to bear directly . . .

PRUDENTIAL INSURANCE COMPANY OF AMERICA, INC. v. M. BAITINGER, Jr. G., 452 So. 2d 140 (Fla. Dist. Ct. App. 1984)

. . . Under section 732.802(3), Florida Statutes (1983), a named beneficiary of a life insurance policy who . . . The court, therefore, must have relied upon the statutory provision in section 732.802(5) that: A final . . . In determining the legislative intent behind section 732.802, it is extremely helpful to compare the . . . See § 732.802(2) (concerning sur-vivorship interests in property held in joint tenancy or tenancy by . . . (concerning interests created by contractual arrangements, such as insurance policies and bonds); § 732.802 . . .

In ESTATE OF FAIRWEATHER, a k a A. McPHEE, v. M. FAIRWEATHER, K. E. B., 444 So. 2d 464 (Fla. Dist. Ct. App. 1983)

. . . The trial court found that by operation of section 732.802, Florida Statutes (1981), the decedent’s entire . . . Section 732.802 provides: Murderer A person convicted of the murder of a decedent shall not be entitled . . .

W. NABLE, v. ESTATE OF GODFREY,, 403 So. 2d 1038 (Fla. Dist. Ct. App. 1981)

. . . who wrongfully caused another’s death from receiving any benefit from such death long before Section 732.802 . . . In the absence of section 732.802, Florida Statutes (1979), the courts could use the same principle to . . . Section 732.802, Florida Statutes (1979) states: A person convicted of the murder of a decedent shall . . . The wording of Section 732.802 is plain, concise, and unambiguous. . . . Those cases, therefore, were not governed by section 732.802, Florida Statutes. In Peeples v. . . . complainant seeking to work a forfeiture under then section 731.31, Florida Statutes, currently section 732.802 . . .

IN RE ESTATE OF RALPH HABER, 1 Fla. Supp. 2d 39 (Hillsborough Cty. Cir. Ct. 1981)

. . . Haber’s heirs have filed separate defenses asserting (1) the Murderer’s Statute, Chapter 731.31 — now 732.802 . . .

DiPROSPERO, v. SHELBY MUTUAL INSURANCE COMPANY OF SHELBY, OHIO, DiPROSPERO L. a v. DOYLE, E. FUER, v. DOYLE, 400 So. 2d 177 (Fla. Dist. Ct. App. 1981)

. . . Appellants contend that this determination was legally wrong based upon Section 732.802, Florida Statutes . . . arguments are made on appeal as to whether the trial court properly applied the policy stated in Section 732.802 . . .

In ESTATE YANOWSKY, In ESTATE YANOWSKY,, 384 So. 2d 1297 (Fla. Dist. Ct. App. 1980)

. . . Section 732.802, Florida Statutes (1977), provides: A person convicted of the murder of a decedent shall . . .

In ESTATE L. NUNNELLEY, V. NUNNELLEY, v. L. SLOAN, 343 So. 2d 657 (Fla. Dist. Ct. App. 1977)

. . . Section 732.802, Florida Statutes. . . .