Painesville, OH asked in Probate for Florida

Q: My step sister preceded her husband in death , days later he passed away. His brother took steps to become executor.

We were told there is no will , are assets divided equally to her heirs or do all assets go to his heirs?

Is there a cause for action, can we ask for or make a claim against the estate which will no doubt have to be probated ?

Please Advise

Thank you

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Probate Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: If there is no will, the wife's heirs would be determined by reference to the intestacy statutes. Who applied to be personal representative (or "executor") is immaterial.

Florida Statute 732.103 Share of other heirs.— provides in pertinent part that:

"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 ..."

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