Who are the heirs when there is no will?
OCT 13, 2021

Your relative has passed away and they have not left a will to dispose of their assets. The question everyone is asking is: Who has the right to be an heir? Unfortunately, the answer to that question is not that simple. In today's blog we will be explaining the orders of the intestate succession of the State of Florida. Each state has its laws regarding succession and how to obtain property, if you reside in another state, please contact an attorney in your area for advice.

In the State of Florida, the first call to intestate succession corresponds to the surviving spouse and the children of the deceased. What does this mean? It means that the first people in the hereditary line are the spouse of the deceased and the descendants of the deceased. However, this is not as simple as it sounds. If the deceased has children with the surviving spouse, and neither of the two, neither the deceased, nor the surviving spouse has other children; the inheritance, in its entirety, will end in the hands of the surviving spouse. However, if the surviving spouse, or the deceased, have children that are not in common, the surviving spouse will only receive fifty (50%) percent of the inheritance; leaving the other fifty (50%) percent to be distributed among the children of the deceased. If there are no children, the surviving spouse would inherit the entire estate, and if there were no surviving spouse, the children would inherit the entire estate.

The second call is granted in the assumption that there is no surviving spouse or descendants and corresponds to the parents of the deceased. In this case, the inheritance would be divided equally, and if one of the parents has died, then 100% of the inheritance will correspond to the surviving father.

If there are no parents, the next call corresponds to the brothers and sisters and their descendants.

If there are no siblings or any descendants, then the inheritance will be divided and distributed among the paternal and maternal relatives, at a ratio of fifty (50%) percent for each side. Here, first the grandparents would inherit in equal parts, or one of them completely, if the other one is deceased. If there are no grandparents, then uncles and aunts and their descendants will inherit. If for some reason, there are no descendants of the maternal or paternal side of the family, then the entire inheritance would correspond, to the side of the family that does contain heirs.

In the event that there were no relatives in the previous category, as the inheritance would go to the relatives of the last spouse of the deceased.

Finally, if they are no relatives in the previous categories, then the estate would pass into the hands of the State of Florida.

As you can see, the orders of succession are very complex. To these rules one must add other rules, such as the disqualification of heirs, the division of the matrimonial community of assets, and assets that may not be included in the inheritance. My advice is that, if possible, make a will to avoid problems in the future for your family members.

However, if you are already in intestate probate, don't hesitate to call us. In Y. Morejon Attorney, P.A. We work with clients, offering them personalized treatment and solutions to their problems. Remember, here, your problem is our problem

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Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.

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