The laws of intestacy in Palm City are challenging for people unfamiliar with legal writing to understand. Because of this, it is important that you work with an attorney who is experienced in handling legal matters such as these.
Intestacy refers to the situation where someone dies without a will. If no will exists, then Fla. Stat. §732 Chapter 1 determines who will inherit.
When someone passes without a will, certain laws of intestacy in Palm City apply depending on the heirs. If the decedent was single, then intestate estate assets are typically divided equally between the decedent’s living children. The share of any living child passes to that child’s children, if any.
If the decedent was married, then other rules may apply. With a few exceptions (homestead property which has unique rules), estates would be divided in cases of intestacy:
Importantly, unless a stepchild of a recently deceased was adopted by the deceased stepparent, the stepchild does not typically have any intestacy rights. If the stepchild was adopted by the deceased stepparent, then the stepchild is treated the same as a biological child for purposes of intestacy.
In an intestate estate, adopted children are treated in the same manner as biological children for purposes of inheritance. However, if a stepchild was not adopted and no valid will exists, there is probably no entitlement to an inheritance for a stepchild.
While illegitimate is not a term used by the Florida Statutes, the Statutes do define intestate rights where a child is born outside of a marital relationship. Generally, such a child is considered to be an heir of the biological mother and not the biological father. However, some situations can give rise to intestate rights through the biological father. For example, if the natural parents participated in a wedding ceremony before or after the birth of the child, if the paternity of the father was established by an adjudication, or if the paternity of the father was acknowledged by the father in writing, then the child also acquires intestate rights through the father.
In formal probate administration, the personal representative must be represented by an attorney. A skilled and experienced probate attorney can provide guidance to his/her client to minimize the risks of fiduciary liability through proper estate administration. To better understand laws of intestacy in Palm City, reach out to an attorney today.