Miami, FL asked in Probate for Florida

Q: Can the eldest child of a father, who passes without a will, get 100% of estate, simply b/c he's the eldest child?

I'm asking for 2 reasons:

1st, my father passed recently without any surviving spouse & without a written will & he only had 2 children: myself and my elder brother.

2nd, my boyfriend's father claims that, when his father passed without a written will, he and his sister got nothing, while his elder brother inherited everything just "because he was the eldest."

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1 Lawyer Answer
Sabina Tomshinsky
Sabina Tomshinsky
Answered
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: No, per the Florida's intestate statute, you and your brother would inherit your father's estate. Refer to Section 732.103 of the Florida Statutes. However, this applies to property that is left in your father's name only. It would serve your interests to consult with a probate attorney to determine what property is actually part of your father's estate and to determine if there is property that passes outside of probate such as funds from an insurance policy/retirement account, brokerage account, bank account, etc. All the best.

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