Columbia City, IN asked in Estate Planning, Real Estate Law and Probate for Florida

Q: If my uncle passed n his last living sibling passed b4 him n I'm the niece am I entitled to anything?

The party that did the paperwork didn't know the other sibling had passed or had any children so im not listed what can I do? Plus the law firm representing the other party wanted me to answer questions pertaining my father which was the sibling that passed b4 my uncle should I answer them or not?

2 Lawyer Answers

A: You need to hire an attorney to make sure your rights are established. It appears as though you may have an interest based on the few facts you've given as well as the fact that the attorney is asking you questions.

A: Whether you have an interest in your uncle's estate may depend on whether or not there was a will. The will is controlling on who are beneficiaries. If there was no will then we have to go by the rules of intestate succession as contained in Florida Statute 732. This can get complicated and confusing particularly if the decedent had no spouse and no children. You should consult with a probate attorney in your area to ascertain whether you have an interest in the estate and what can be done to protect your interest.

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