Tracing your family tree: how much do you inherit in Florida?

If a mom or dad, or even a distant relative, dies without a will in Florida, you may inherit a lot more than you ever expected.  Why?  Well, that’s the Florida Probate Law .  One law, called the intestacy law, guarantees an inheritance for certain family members. But to know how much you inherit, you have to know the family tree.

• On July 4^th, 2017, the New York Times’ writer Sam Roberts wrote a great article about a person who traced his family tree back to 1637 and Yankee Doodle.  https://www.nytimes.com/2017/07/03/us/yankee-doodle-family-tree.html?module=WatchingPortal&region=c-column-middle-span-region&pgType=Homepage&action=click&mediaId=thumb_square&state=standard&contentPlacement=17&version=internal&contentCollection=www.nytimes.com&contentId=https%3A%2F%2Fwww.nytimes.com%2F2017%2F07%2F03%2Fus%2Fyankee-doodle-family-tree.html&eventName=Watching-article-click
• Why does a family tree matter for an inheritance? Well, ask any Florida trust lawyer, and they will tell you that you inherit if you are in the trust document. Ask any probate attorney, and they will tell you that if your relative dies without a trust or will, you need to start creating your family tree to see if you inherit. Why?
• Florida has what’s called “intestacy laws” under the Florida Probate Code: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732PartIContentsIndex.html&StatuteYear=2016&Title=-%3E2016-%3EChapter%20732-%3EPart%20I
• These laws tell you who inherits if there is no will.
• Florida Probate Law sets aside a guaranteed, separate inheritance for a widow, wife or husband, what estate attorneys call the surviving spouse:  http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.102.html
• So, even if the spouses were not living together, or they were separated, there is still an inheritance. Read Florida Probate Law 732.102 to learn more about how much a widow, wife or husband inherits under a Florida probate: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.102.html.
• But remember, if a spouse or wife or husband waived inheritance rights, then there will be nothing to inherit from the estate or probate.
• What does a cousin, niece, nephew or grandchild inherit?
• Now, here’s where cousins, daughters, sons and grandchildren can inherit a lot of money in Florida.
• Read Florida Probate Law 732.103 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.103.html.
• This probate law tells you what “heirs” inherit if there is no will.
• Also, read Florida Probate Law 732.603: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.603.html.
• This inheritance law tells you about the formula for family members to inherit under the Florida intestacy laws.
• But be careful: marriage is often NOT the way to inherit. You have to be related by “blood.”
• Do you inherit your parent’s share if they are deceased? Read Florida’s anti-lapse law to find out how you inherit your mom or dad’s share if they are deceased:  http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.603.html
• Florida has a special exception for inheriting when a family member has died. The inheritance exception is limited, so ask a probate lawyer for her or his opinion on what you inherit, if anything.
• If you can’t afford expensive lawyers and a retainer, try to find a probate attorney who will take your case on a contingency fee. Most probate lawyers won’t do this, but there are a few confident, experienced probate lawyers who may take a percentage of your inheritance if you recover something.  If there is no inheritance, no attorneys fees.
• What’s amazing about Florida inheritance laws and the probate system is that you can inherit without having ever met the deceased person!
• The truth is that it seems like every day a Florida estate attorney is handling an estate where someone died without a will. Millions of dollars in Florida go to heirs at law when there is no will.  Real estate, houses, jewelry, mutual funds, bank accounts and cash end up being inherited by grandchildren, children, cousins and even nieces and nephews. So, be wary of so called heir search firms that contact you with a “secret inheritance” that they won’t tell you about unless you hire them.  Pick up the phone and talk to an experienced Palm Beach probate lawyer to get the real deal, to explain your inheritance rights to you at no charge.  After all, there is never an obligation to hire a good estate lawyer and an initial consultation should be free of charge.  Good luck.  Now go get your inheritance!