Q: Am i considered a heir to my mother estate? She’s was married at the time of her death
A: Very sorry for your loss and the passing of your mom, please accept my condolences for you and your family. Maybe, it depends on a number of factors. A parent is not required to leave anything to their adult children. Issues that will matter will include whether there was a Will, a Trust, how was the property deeded, was the property homestead, is there a surviving spouse, is the surviving spouse your parent, was the estate intestate (no will), are there any children under 18. While it is possible that you can be an heir, it is not necessarily so and it is definitely not required, some of the above factors and or other factors may matter. Assets could be titled in a manner that allows them to pass outside of probate, rights of survivorship on a deed, pay on death or transfer on death accounts, life insurance with named beneficiary and so forth will keep assets out of probate and transfer the asset directly to the named individual/s. It is likely that you will need to speak with a Florida Probate Attorney and provide more specifics and details in order to get more applicable and precise answers to your exact circumstances.
A: Yes, in the absence of a will you would normally inherit a portion of your mother's estate.
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