Who inherits property in Florida if my Wife died and we have children but no Will?
Full Question:
My wife died in an accident. I have a child from my earlier marriage and two from the marriage with her. How will her property be divided amongst the surviving members of the family?
12/23/2016 |
Category: Wills and Es... ยป Intestacy |
State: Florida |
#28672
Answer:
“The intestate share of the surviving spouse is:
(1) If there is no surviving descendant of the decedent, the entire intestate estate.
(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.
(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate.
(4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.”
Also, § 732.104 enumerates how descendants other than the surviving spouse shall receive the estate. It reads:
“Descent shall be per stirpes, whether to descendants or to collateral heirs.”
Per the above-quoted provision, in the case at hand, the property shall divulge on each surviving member in the following manner:
1. The husband shall receive half of the estate.
2. The children born in the marriage shall receive an equal portion of the remaining half.
3. The child of the husband born from a prior marriage only becomes eligible for a share in the estate if the decedent had adopted the child during her lifetime.