## Facts

- Silvia LoCascio was murdered by her husband, Edward S. LoCascio, and Michael LoCascio; both were convicted of first-degree murder.
- Silvia died intestate; attorney Leon Sharpe was appointed curator and later personal representative of her estate.
- In probate, the court applied Florida’s slayer statute, barring Edward S. from inheriting from Silvia and treating succession as if he had predeceased her.
- The probate court also ruled that Edward S.’s right of survivorship in jointly held property with Silvia was extinguished and Silvia’s interest was severed.
- In separate civil proceedings, the estate obtained (1) a constructive trust over assets titled or assigned in Edward S.’s name at Silvia’s death and (2) compensatory and punitive money judgments against Edward S. and Michael, jointly and severally.
- A key contested asset was the marital residence, which was both homestead property and jointly held by Silvia and Edward S.
- Silvia’s sole surviving son, Edward J. LoCascio, argued that the slayer statute caused the entire residence to pass to him as sole heir.
- The son also pursued related claims seeking additional relief involving the personal representative and litigation counsel.
- Two appeals were consolidated.

## Issues

1. Whether Florida’s slayer statute requires complete divestiture of a murdering spouse’s ownership interest in jointly held homestead property so the entire residence passes to the decedent’s heir.
2. Whether the son was entitled to additional relief beyond the probate severance of survivorship and the civil constructive trust and money judgments, including relief against the personal representative and counsel.

## Decision

- The court affirmed the probate and related orders.
- The court held the slayer statute terminates only the killer’s right of survivorship in jointly held property and does not erase the killer’s preexisting ownership interest.
- The court rejected the son’s claim that the statute’s “predeceased” fiction retroactively vested the decedent with sole title to the homestead immediately before death.
- The court affirmed the denial of the son’s additional claims against the personal representative and attorneys, finding no basis for further relief.

## Legal Principles

- Under Florida’s slayer statute, a killer is treated as having predeceased the decedent for succession purposes, but the statute does not automatically divest the killer of an already-held fractional ownership interest in jointly owned property.
- For joint tenancy or similar co-ownership, the slayer statute severs and extinguishes the killer’s right of survivorship; the decedent’s share passes through the decedent’s estate rather than by survivorship.
- Homestead status does not expand the statute’s effect to convert jointly held title into sole title in the decedent before death where the statute’s joint-ownership provision limits the remedy to severance of survivorship.

## Conclusion

The court held that the slayer statute prevents a murdering spouse from taking by inheritance or survivorship but does not confiscate the spouse’s existing ownership share in a jointly held homestead; accordingly, the decedent’s son could not claim the entire residence solely by operation of the statute, and the related challenges to the estate’s administration and counsel were also rejected.


LoCascio v. Sharpe, 23 So. 3d 1209 (Fla. 3d DCA 2009)