Meredith Fiel and Lisa Fiel v. Douglas F. Hoffman, as Personal Representative of the Estate of Ben H. Novack, Jr., Narcy Novack, Marchelo Gaffney, Patrick Gaffney, May Azaleh Abad, and Harvey E. Morse, P.A.

Summary

In Fiel v. Hoffman, the Florida Fourth District Court of Appeal held that Florida's Slayer Statute (§ 732.802) unambiguously disinherits only the person who unlawfully kills the decedent and does not extend to the slayer's innocent children or grandchildren. The court also held that a complaint alleging a will was entirely tainted by a primary beneficiary's undue influence, undertaken to benefit both herself and other family members named in the will, states a cause of action to revoke the entire will under § 732.5165, reversing the trial court's dismissal of that claim.

Holdings

1. The Slayer Statute is clear and unambiguous; it disinherits only the surviving person who unlawfully and intentionally kills or participates in procuring the death of the decedent. The statute does not extend to the slayer's children or grandchildren.
2. Allegations that a will in its entirety was the product of undue influence by one beneficiary, undertaken to benefit both that beneficiary and other family members named in the will, state a cause of action to revoke the entire will; such allegations are sufficient to survive a motion to dismiss.

Questions Presented

1. Whether Florida's Slayer Statute, § 732.802, bars the children and grandchildren of a murderer from inheriting under the decedent's will.
2. Whether the complaint stated a cause of action for revocation of the wills based on undue influence where the complaint alleged that the entire will was tainted by the primary beneficiary's undue influence, even though the stepdaughter and step-grandsons did not personally participate.

Disposition

affirmed_in_part_and_reversed_in_part