Q: Father passes wife alive with 3 adult children but one passed away leaving 2 adult children & husband. Division? No will
PR LAW... Each child was granted property while father was alive now 3 rental properties remain. Heard there is a new law. Can you say what percentage to each?
A: I am very sorry for your loss and please accept my condolences for you and your family. When there is no Will, then the Florida Intestate Statutes (without a Will) will apply. If all the children are from this marriage, then the surviving spouse inherits everything. You will need to speak with a Florida Probate Attorney, and they will need to review any deed and any transfers, any assets in the name of the deceased father will be probated and end up going to the spouse/wife. If the children are not from the same marriage, this will change to a certain degree. A spouse has substantial rights always unless they sign some sort of pre or postnuptial agreement or otherwise have signed on to any property transfers via deed or otherwise. You will need to provide more details and specifics of the circumstances and then a probate attorney will be able to better advise you with more precise answers and how probate property distribution will work.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
