Q: FL Intestate succession when decedent and descendants have passed. Who has claim to estate?
Decedent had no will at time of death and surviving son never had deed/title changed. Now surviving son has passed. Decedent was divorced from Son's father when she purchased estate.
A: The Florida Intestate Statute will help you determine who are the heirs. If the son survived the decedent and then died, and the son was the mother's only heir, then the son's estate is the heir of the mother's estate. You would then be asking the question, who is the son's heir, and it may be necessary to open two estates, or you may be able to have the heirs determined in the one estate. If the son's father is his son's heir, then he would be the one to inherit the son's estate. There is a process in which to determine the heirs in the one estate, or if there are other assets in the son's estate, you may be better off opening both estates and passing the property from the first estate to the second estate and then to the heir of the second estate. You are welcome to call our office for a free phone consultation.
Phillip William Gunthert agrees with this answer
Very sorry for your losses and please accept my condolences. You are going to likely need a Florida Probate Attorney, you should get the Deed of the property and have it reviewed as well, but generally speaking it is possible that 1 or 2 probates may end up being needed or the property may have passed in accordance with the terms of the Deed and the manner in which it was held. When no Will exists, then the Florida Intestate Statutes (without a Will apply), they state the following; Florida Statute 732.103 in part is here,
732.103 Share of other heirs.—The part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no surviving spouse, descends as follows:
(1) To the descendants of the decedent.
(2) If there is no descendant, to the decedent’s father and mother equally, or to the survivor of them.
(3) If there is none of the foregoing, to the decedent’s brothers and sisters and the descendants of deceased brothers and sisters.
(4) If there is none of the foregoing, the estate shall be divided, one-half of which shall go to the decedent’s paternal, and the other half to the decedent’s maternal, kindred in the following order:
(a) To the grandfather and grandmother equally, or to the survivor of them.
(b) If there is no grandfather or grandmother, to uncles and aunts and descendants of deceased uncles and aunts of the decedent.
A: Ownership of the property will depend on how the deed is titled and the decedent's descendants & heirs. Without a last will, the property will likely be distributed in accordance with the Florida intestacy statute. Consult with a Florida probate attorney for assistance.
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