Ocala, FL asked in Energy, Oil and Gas, Estate Planning and Probate for Florida

Q: heirship question in regards to Florida law

Peggy is the heir to the oil rights and she has 2 children with her first husband.

Peggy divorces her first husband.

Peggy marries Tom.

Peggy and Tom have no children together.

Peggy dies and is survived by Tom.

Tom passes away a few years later.

There are no wills and all divorces were mutual and no real assets were involved and both parties kept their own things and both children were grown when they divorced.

Are Peggy's children sole heirs to the mineral rights? Or are Toms children the heirs, even though they are not Peggy's children since she died without a will?

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: The mineral rights, as well as anything else in Peggy's estate, pass to her intestate heirs, who would be her children as well as Tom (or his estate).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.