Slayer Statute and Life Insurance

Slayer Statutes and Life Insurance: What Families in Florida, New York, and New Jersey Need to Know

The tragic loss of a loved one is an incredibly challenging experience, made even more complicated if the circumstances surrounding their death involve foul play by someone close. When a beneficiary is implicated in the death, questions arise about their entitlement to life insurance benefits. This is where slayer statutes come into play, designed to prevent a killer from profiting from their crime. This guide aims to provide families in Florida, New York, and New Jersey with an understanding of slayer statutes and how they impact life insurance claims. If you need to file a life insurance claim where a slayer statute may apply, contact the life insurance lawyers at the Law Offices of Jason Turchin today for a free consultation.

What Are Slayer Statutes?

Slayer statutes are laws that prevent individuals who have been found responsible for the death of the insured from benefiting from life insurance policies or inheriting from the victim’s estate. The fundamental principle behind these statutes is that no one should profit from their wrongdoing. Each state has its own version of these laws, with varying provisions and legal requirements.

Slayer Statutes in Florida

Florida’s slayer statute is codified under Florida Statutes Section 732.802. Key aspects include:

• Disqualification of Beneficiary: If a beneficiary is found to have unlawfully and intentionally killed the insured, they are disqualified from receiving any benefits from the life insurance policy.
• Legal Determination: A conviction for murder is the clearest basis for applying the statute. However, a civil court can also make this determination based on the preponderance of the evidence.
• Distribution of Proceeds: If the named beneficiary is disqualified, the life insurance proceeds are typically distributed as if the killer predeceased the insured. This means the benefits may go to contingent beneficiaries or, if none exist, to the insured’s estate.

Slayer Statutes in New York

New York’s approach to slayer statutes is outlined in New York Estates, Powers and Trusts Law (EPTL) § 4-1.6. Important elements include:

• Forfeiture of Benefits: A person who feloniously and intentionally kills the insured is not entitled to any benefits from the life insurance policy.
• Civil Action: Even if there is no criminal conviction, a civil court can still apply the slayer statute based on a preponderance of the evidence.
• Alternate Beneficiaries: Similar to Florida, if the slayer statute disqualifies the beneficiary, the benefits are distributed as if the killer had predeceased the insured.

Slayer Statutes in New Jersey

New Jersey’s slayer statute is found in New Jersey Statutes Annotated (N.J.S.A.) 3B:7-1.1. Notable points include:

• Disqualification Criteria: Any person who is responsible for the intentional killing of the insured is barred from benefiting from the life insurance policy.
• Proof Requirements: Like in other states, a conviction is strong evidence, but a civil court can also determine responsibility based on the preponderance of the evidence.
• Distribution Protocol: The life insurance proceeds are redirected to alternate beneficiaries or the insured’s estate if the primary beneficiary is disqualified.

Steps to Take if You Suspect Foul Play

If you suspect that a beneficiary was involved in the death of your loved one, it’s essential to take prompt action:

1. Contact Law Enforcement: Ensure that the incident is thoroughly investigated by the authorities. A criminal investigation can provide crucial evidence for disqualifying the beneficiary.
2. Notify the Insurance Company: Inform the life insurance company of your suspicions. They may delay the payment of benefits pending the outcome of the investigation.
3. Gather Evidence: Collect any relevant documents, witness statements, and other evidence that may support your case.
4. Consult an Attorney: An experienced life insurance attorney can help you navigate the legal complexities, represent your interests, and pursue a civil action if necessary.

Potential Challenges and Considerations

Navigating a life insurance claim involving a slayer statute can be complex and emotionally taxing. Here are some challenges you might face:

• Burden of Proof: In the absence of a criminal conviction, proving that the beneficiary was responsible for the death can be difficult. Civil courts use a lower standard of proof (preponderance of the evidence), but gathering sufficient evidence is crucial.
• Lengthy Legal Process: The process of disqualifying a beneficiary and redirecting life insurance proceeds can be lengthy, involving both criminal and civil proceedings.
• Emotional Strain: Dealing with the legal aftermath of a loved one’s death, especially in cases involving foul play by a family member or close associate, can be emotionally overwhelming.

Lawyers for Slayer Statute and Life Insurance

Slayer statutes are essential legal provisions that prevent individuals from profiting from their wrongful acts. For families in Florida, New York, and New Jersey dealing with the aftermath of a loved one’s death at the hands of a beneficiary, understanding these laws is crucial. If you find yourself in this difficult situation, taking prompt and informed action can help protect your rights and secure the life insurance benefits intended for the rightful recipients.

For more information or legal assistance with life insurance claims and slayer statutes, visit victimaid.com or contact the Law Offices of Jason Turchin. Our team has the experience to guide you through these challenging times and help you seek the justice and compensation you deserve.