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?
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).
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