When a loved one dies, there are many issues that must be faced by family members. Financial matters become a necessary subject during this highly emotional time. A probate court judge must approve many financial decisions regarding a deceased individual's estate. The probate process identifies and gathers a decedent's assets, satisfies expenses and distributes remaining assets to the correct beneficiaries. Probate can involve heartbreaking situations and must often resolve some very difficult issues.

Such was the case recently before a Florida probate court judge. In this tragic case, a husband stands accused of killing his wife and their five children. The husband is currently being held in jail awaiting trial on six counts of murder.

The wife's estate, including a $100,000 life insurance policy, went into probate. At issue was the determination of who should properly receive the death benefit from the life insurance policy. In particular, the funds were being held subject to a ruling by the probate judge that the husband was not entitled to any funds from his wife's estate.

Under the Florida "Slayer Statute," a person involved in the death of an individual is prohibited from inheriting any of the deceased person's property. A conviction would be considered conclusive evidence of such involvement. Absent a conviction, a judge can determine that an intentional killing occurred based on the evidence.

Here, the husband has confessed and has signed a release relinquishing any claims to his wife's life insurance benefit. In addition, the husband's parents are not claiming an interest in the insurance payout. As a result, the judge awarded the life insurance proceeds to the victim's mother, the next beneficiary after the victim's slain children.

Source: Naples Daily News, "Mesac Damas' mother-in-law awarded $100,000 from slain family's life insurance," Aisling Swift, 15 Mar 2011