Who Inherits if There Is No Florida Will?
What is dying intestate in Florida? If my mom or dad dies intestate, who will inherit his or her homestead? What do the Florida intestacy laws say? If my spouse dies intestate in Palm Beach or Tampa, do I inherit or do my spouse’s kids from a prior marriage inherit? What is a petition to determine intestate beneficiaries?
When Does a Person Die Intestate?
West Palm Beach probate lawyers know that a person dies intestate when they die without a will. In addition, a person could die intestate if they executed a will that is invalid or had a will that they revoked without executing a new will.
Florida Statute 732.101 states the following: (1) Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in the following sections of this code (2) The decedent’s death is the event that vests the heirs’ right to the decedent’s intestate property. How do I know if I am an “heir” of the decedent?
Who Inherits If a Person Dies Intestate in Florida?
If a person dies intestate, or without a valid Florida will, his or her heirs will inherit. In other words, heirs at law are entitled to inherit the decedent’s property under Florida’s intestacy statutes. If your spouse or parent dies without a will, you may have valuable inheritance rights under Florida law. For example, Florida Statute 732.102 tells probate lawyers what spouses inherit from an intestate estate.
If My Husband or Wife Dies Without a Will in Florida, What Am I Entitled To Inherit?
If your wife or husband passes away, you will be considered the “surviving spouse”. It is important to note that you must have been legally married to the decedent. Furthermore, if you signed a prenup or got divorced, you may have lost your inheritance rights.
Florida Statute 732.102 tells us that the intestate share of the surviving spouse is the following: (1) If there is no surviving descendant of the decedent, the entire intestate estate.(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.(3)If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate. (4)If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.
How Do Florida Probate Courts Determine Who the Rightful Heirs Are When Someone Dies Intestate?
It is important to become familiar with Florida Statute 733.105. This statute states the following regarding the determination of beneficiaries: (1)When property passes by intestate succession or the will is unclear and there is doubt about: (a)Who is entitled to receive any part of the property, or (b) The shares and amounts that any person is entitled to receive,any interested person may petition the court to determine beneficiaries or their shares. (2)Any personal representative who makes distribution or takes any other action pursuant to an order determining beneficiaries shall be fully protected. (3)A separate civil action to determine beneficiaries may be brought when an estate has not been administered.
When is a Petition to Determine Intestate Beneficiaries Filed?
A February 22,2017 Second DCA opinion, Bryan v. Fernald, is probate litigation regarding an intestate estate in Florida and a petition to determine beneficiaries. Here, the decedent’s daughter filed a petition to determine intestate beneficiaries pursuant to section 733.105, Florida Statutes (2014). In this petition, Bryan alleged that that 1) her and her siblings were not notified of the administration of their mom’s estate and 2) her and her siblings are entitled to at least fifty percent of their mother’s estate. The petition further alleged that if their mom’s surviving spouse could not prove that he was married to their mother, the kids were entitled to the entire estate. In response to these allegations, their mom’s surviving spouse, Edward John, argued that he was lawfully married to their mom at the time of her death and that this issue had already been determined in a 2013 order in a medical malpractice case. The trial court found that, based on the earlier order in the separate malpractice case, res judicata applied. However, the Second DCA disagreed! To read the entire appellate opinion, click here.
If you are a surviving spouse in Florida, or if you believe you may be the beneficiary of an intestate estate, you should consider consulting with an experienced Florida probate attorney. To interview an attorney at Pankauski Hauser, free of charge, call (561)514-0900 ext.101.