Wood-Ridge, NJ asked in Estate Planning and Probate for Florida

Q: My cousin passed with no will in place. She did not have children and her spouse passed years before she did.

I was told that next in line are aunts and uncles. Are cousins entitled to their parent share if the parent is deceased? When did the law change? I was told the law changed after my cousin passed.

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: I am sorry for your loss and the passing of your cousin, please accept my condolences for you and your family. You will need to work with and get a probate attorney in the state where they were a resident, if property was owned in another state, you will likely need an attorney there as well. When there is no Will or Trust, then the Florida Intestate Statutes (without a Will) apply. If there is no spouse/children or living parents, then the estate is split among the siblings, if a sibling is deceased (then the children of the deceased sibling). If all above applies, then the answer to your question is yes, you would be entitled to a portion of your parents share.

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