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Can Nieces and Nephews Inherit From a Florida Probate?

Extended family members can inherit from a Florida Probate but as always, it depends on the circumstances. If there is no will, the issue becomes murky but regardless being able to provide a clear family tree is important.

Do nieces and nephews inherit from a Florida probate?

Hello my name is John Pankauski. The lawyers and appellate attorneys in our firm handle matters throughout the State of Florida and we limit our practice to four areas. Estates and Probate, Trusts, Guardianships and Business transactions. If you’re involved in litigation in the State of Florida call us for a free consultation.

Now, can nieces or nephews inherit in the State of Florida. Yes you can. The question gets a little more complicated if somebody dies without a will. In that case, family members and so-called heirs inherit but it’s not always clear who does. You need a family tree. Particularly if someone doesn’t have a spouse or descendants, like children and grandchildren. Then we have to ask whether the decedent the dead person had parents or siblings and if they had siblings there’s an anti-lapse statute that says if a sibling predeceased the person who just died, their children may inherit nieces and nephews.

So if you’re a niece or a nephew and a rich aunt or rich uncle just died in Florida make sure you talk to an experienced probate litigation attorney. Not just somebody who handles probates or estates but somebody who’s used to fighting hard, advocating, knows evidence, knows how to actually try cases and handle appeals.