In our last post, we were discussing a probate matter that is puzzling, heartbreaking and infuriating. The son and caregiver of an 81-year-old woman is serving a 10-year prison sentence for neglecting, abusing and stealing from her. When she died, he inherited her $1.1 million estate. While the case wasn't in Florida, it could happen here.

It all happened in Kentucky, and a state legislator there has proposed a law modeled on the "slayer statutes" in force in Kentucky, Florida and many other states. The slayer statute, in essence, prevents a murderer from inheriting from the victim. (If Mary Bailey had pushed George off that bridge -- our reference point in our last post -- she would not get the life insurance proceeds.) This new law would bar a person convicted of abusing, exploiting or neglecting an elderly or vulnerable person from benefiting from the victim's death. The perpetrators would not be allowed to have power of attorney or serve as guardian, nor could he or she serve as executor of the estate.

In Florida, a convicted felon is not eligible to serve as personal representative. The bar is lifted, however, if the felon's civil rights have been restored. Clearly, if this family had lived in Florida, the son would be prohibited from serving as executor.

However, Florida law is silent on the matter of inheriting if the heir is convicted of a crime against the testator. Perhaps the court has not had the opportunity to consider the matter; perhaps legislators have not been faced with this kind of case. Advocates for the elderly, though, say this kind of thing happens more frequently than most people would suspect. A representative from a nonprofit agency that serves as a court-appointed guardian for adults recalled six cases like this in recent years. The agency took over as guardian from the negligent or abusive relative, but when the person died, that same abuser inherited the balance of the estate -- even in cases where a no-contact order was in place.

Aside from the prison time, the Kentucky defendant has truly benefited from his crime: He had been ordered to pay the money he stole back to the estate. Now that the estate is his, he doesn't have to worry about it.

Resource: Courier-Journal (Louisville, KY) "Preying on Seniors: Relatives Abuse But Still Inherit" 12/20/10