Sunday, July 10, 2005

Florida Intestate Estate - Other Heirs Share

In Florida intestate estates the share of heirs other than a spouse is everything if there was no spouse. If there were children and a spouse the children will receive one half of the estate if any of the children were not also the children of the surviving spouse. The children will receive one half of the intestate share after the first sixty thousand goes to the spouse if all the lineal descendants (children) are also the children of the surviving spouse. The share of a child passes per stirpes so if a child pre deceases leaving children of their own the grandchildren can get their parents share by representation.

If no lineal descedants of the decedent and no spouse then equally to decedent parents or all to the survivor.

If the decedent parents are also predeceased than to decedent's siblings and their descendants per stirpes if the siblings pre decease.

The Estate is divided one half each between the decedents paternal and maternal family as follows to Grampa and Grandma equally or their survivor.

If no grandparents than to uncles and aunts and their descedants per stripes if the uncles or aunts pre decease leaving lineal descendants.

If no family remains on one side than the full share passes in the above mentioned order to the side of the family who did survive.

If no family on either side than the whole estate goes to the family of the last deceased spouse of the decedent as if the deceased spouse had survived the decdent and died intestate.

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