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Florida Heirs

Probate Information Jan 19, 2023
post about Florida Heirs

Who are Florida heirs and how much do you inherit? Heir Inherit an Intestate Estate Many people die in Florida without a will. When that happens, the estate is called an “intestate” estate. The Florida laws of intestacy rule. What do the laws of intestacy say? They say that heirs inherit. How much? The entire estate. But remember, that you have to pay taxes, claims, creditors and expenses of administration before beneficiaries see a dime. (For more on intestacy, click here.) Who Are Florida Heirs? OK…………..so, who, exactly are Florida heirs? First of all, a surviving spouse is. Descendants are. Like minor or adult children and a deceased child’s children. Note that being an “heir” is different than being an interested person. If the spouse of the deceased Florida resident is the parent of all the children of the deceased Florida resident, the spouse takes the entire estate. Unless he or she waived inheritance rights. Like in a prenup. Then, her or his rights to inherit are limited by the prenup. Assuming the prenup is valid or cannot be turned over. But , then again, sometimes people fight about the “plain” language in a prenup. If the spouse is not the parent of one or more of the deceased Florida resident’s children: the spouse takes half the estate and the other heirs take the other half. Remember: homestead is often a very valuable asset. That’s the one true home of the deceased Florida resident. Although the spouse has lots of […]


Who Are Heirs in Florida?

FAQs Jan 18, 2023
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Heirs can inherit an entire Florida probate. Like….. all the property of the dead Florida resident. BUT, there are rules. To learn more about whether you are an heir or not, keep reading, or click here. Florida Probates + Family Who are heirs in Florida? That class of “legal actors” are those who inherit under the laws of intestacy. There is a Florida statute right on point in the Florida Probate Code. Check out Florida Statute 731.201(20). These can include the surviving spouse (if any), adult or minor children, and, maybe, grandchildren (children of deceased children). To read more about intestacy, click here. Quick note: an heir may be different than an “interested person.” Remember, not everyone can participate in a Florida probate. You need some connection. That’s an interested person. And remember: often, one’s house or homestead is very, very valuable. So, find out how the house “goes” and see if you get a share. Who Are Heirs and What Do They Inherit? In Florida, a person has the right to dispose of her wealth as she sees fit. That means that she can leave it all to whomever she wants. You just can’t dis-inherit your spouse completely. A surviving spouse has a LOT of inheritance rights. Unless they signed a prenup. Children…………..that’s a different story. But, if there is no will, that’s called intestacy. Heirs inherit the entire estate in an intestacy. What some call an “intestate estate.” But remember, heirs only get paid after all the creditors, […]


Florida Heirship

Probate Information Apr 10, 2021
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Who inherits from a Florida estate if you are not sure if the deceased person is your parent? Well, Florida law permits you to ask a Probate Judge to determine if you are a child. Many times, after someone dies, adult children come to the estate and suggest that they are a child. They want to inherit or have LEGAL STANDING to Contest The Will. A child might inherit under a POUR OVER WILL, from an intestate estate, or even from a Florida Trust. We have written about a Petition to Determine Heirs before. Now, you can read an April 1, 2021 opinion from Florida’s 5th District Court of Appeal on Florida Heirship. And what it takes to establish paternity. (Hint: it takes more than having a person’s name on your birth certificate.) How to Inherit If There Is No Florida Will If there is no Florida will, we say that the Florida Probate is an INTESTATE ESTATE. You can read the Florida Probate Code laws on an Intestate Estate by clicking HERE. Heirs inherit when there is no will in Florida. We previously posted free Florida probate commentary on Heirs . That link includes a consideration of who is a Florida Heir? You can also read more here. Florida Heirship Appeal: April 1, 2021 In this April 1, 2021 Florida Heirship appeal, a Personal Representative/ Appellant, won. His appeal victory caused a reversal of a summary judgment (probate court) ruling. The Probate Judge found an adult claiming to be […]


Is the Florida Will Valid: a free legal video for family members, heirs & beneficiaries

FAQs Mar 28, 2021
post about Is the Florida Will Valid: a free legal video for family members, heirs & beneficiaries

Heirs, adult children and beneficiaries of Florida probates + estates have asked for this ! A definite guide + legal commentary that answers the question: is the Florida Will Valid? For a free video on this Florida probate topic, CLICK HERE. What Makes a Will Valid? Under Florida law, a will is valid if it was signed properly and the person signing knew what she was doing. 2 witnesses are needed. The person signing the will and the two witnesses must all sign at the same time in “the presence of each other.” The person making the will needs to have a general understanding of what she is doing. This means that they should understand that the document is a will, that they are disposing of property at death. Leaving property at death. When they die. One should have an idea of what property they own, and who their family members are. Not only is mental competency important. But the will signer must be free of any pressure, force or UNDUE INFLUENCE. A will that is caused by an INSANE DELUSION or fraud is void. For more commentary on how to sign a Florida Will, CLICK HERE. Florida Probate Code The Florida Laws on wills are found online, free of charge. Just google Chapter 732, Part V. Or, you can CLICK HERE. This part of the total Florida Probate Code sets forth the rules for valid wills. Those laws tell you who may make a will in Florida. And how […]


Petition to Determine Heirs in Florida Probate

Our Attorneys Mar 14, 2021
post about Petition to Determine Heirs in Florida Probate

If a personal representative, or any other “interested” person, is unsure who the heirs are, what can you do? A Petition to Determine Heirs in Florida Probate may be filed. See Florida Probate Law 733.105. Sometimes there is a real need to determine the heirs. For example, the will may be ambiguous or confusing. There may be multiple children, with various spouses, some deceased children with grandchildren, and some adopted persons. A marriage may even be called into question. There may be no will !! So, there are 4 things which an heir to a Florida estate must read. Previously, we wrote about who inherits if there is no Florida will. Now, we’ll talk about the legal mechanism to get an answer for you. But, before we do. If you want to read about estate fights from a top notch Florida probate litigator, John Pankauski, read his book. Asking A Probate Court to Determine Heirs When There’s No Will There is a special Probate Rule for determining who inherits. Check out Florida Probate Rule 5.385. If there is no will, then the estate is said to be an “intestate” estate. That means that the heirs inherit under the laws of intestacy. Who is an Heir? “Heirs” or “heirs at law” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. The intestate succession laws in Florida are found at Florida Probate Code 732.101-732.111. Click to read the definition […]


Afterborn Heirs and Florida Inheritance Rights

Uncategorized Feb 14, 2019
post about Afterborn Heirs and Florida Inheritance Rights

When does the right to inherit vest?  Florida probate litigators know that the right to inherit begins at the time of conception. What if the child was not born before his or her parents passed away? It doesn’t matter! The child still inherits. If you are carrying the unborn child of the decedent, you should definitely read Florida Statute 732.106.


Florida’s Escheat Statute: What Happens if a Person Dies Intestate and Has No Heirs?

Uncategorized Jan 17, 2019
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What happens if a person dies with no spouse, children, parents, or siblings? What happens when a decedent dies intestate and is not survived by any person that is entitled to his intestate property? What happens when the decedent has no heirs and no West Palm Beach will? Do you want your money to escheat to the State? Probate lawyers know that you may want to read Florida Statute 732.107.


Setting Aside a Will When You Don’t Have the Correct Witnesses–heirs fight life partner of $7 Million NYC brownstone

Uncategorized Oct 24, 2016
post about Setting Aside a Will When You Don’t Have the Correct Witnesses–heirs fight life partner of $7 Million NYC brownstone

The New York Times reported recently that  a $7 Million Manhattan Brownstone residential building is at the center of a will contest. The life partner of the deceased person was supposed to inherit a valuable piece of real estate in Manhattan.  In fact, the will says it in black and white.  In fact, that’s where the decedent and his life partner had lived.  For decades. What is the problem at the center of this probate litigation lawsuit?   Is it that the will only had one witness, and New York law evidently requires two witnesses for the will to be valid?


Probate Litigation: Rock Star Prince’s Lawyers May Use DNA to Identify Heirs

Uncategorized May 10, 2016
post about Probate Litigation: Rock Star Prince’s Lawyers May Use DNA to Identify Heirs

Florida probate litigation involving inheritance disputes can be very heated. This is especially true when someone with a massive estate, like rock star Prince, dies without a will. Who will inherit Prince’s estate that is said to be worth over $50 million? How will his estate’s lawyers ensure that only true heirs of Prince inherit? What do probate attorneys West Palm Beach do when over 700 people claim to be an heir of someone’s estate?


Disinheriting Your Children, Heirs, and Next of Kin

Apr 25, 2016

Can you disinherit your children, your adult children, your heirs, your next of kin? If you’re a child, an adult child, or an heir of a mother, father, aunt or uncle in Florida, are you entitled to an inheritance? The truth is, in Florida, somebody can leave as much wealth to anyone they want as long as they’re competent and know what they’re doing. What does that mean? It means that you and I can disinherit anyone we want generally, except our spouse, unless we signed a prenup, and we can leave our wealth to anyone we want. If we’re a beneficiary or an heir, that’s a different story. We need to be mindful, we’re not entitled to an inheritance, although, depending on what happened, you may be able to get one.