That depends on whether your parent was married at the time of death and if yes, whether the surviving spouse is also your parent. If the surviving spouse is not also your parent then the estate will be shared 50/50 with the surviving spouse getting half and the surviving children by a first wife sharing the other half. If the surviving spouse is also your parent then the surviving spouse gets 100%. If there is no surviving spouse the children get 100%.
It is likely the estate will need to be probated. You should seek advice from an attorney who specializes in probate matters and who can provide up to date information.
https://www.thebalance.com/dying-without-a-will-in-florida-3504952
Yes if they go through probate. There is an intestacy law that specifies distribution. Without going through probate, the state could claim the property. Consult an attorney in Florida.
No, they are not
Lena Baker was the mother of three children. Two of her children are deceased. As of 2003, it was confirmed that her third child lives in Florida.
The estate has to resolve all debts. The step children will not inherit until that is taken care of.
No
The probate laws of Florida cover all counties. A decedent's estate is generally filed where the decedent owned property.
It depends on the amount you are in possession of.
In Florida the children are not personally responsible for the debt. The estate has to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
Yes. There are some limitation based on the total value of the estate, but if real property is involved, you need the finalization of probate. * Florida allows married couples to hold real estate as Tenancy By The Entirety. When the property is titled TBE it passes directly to the surving spouse and is not subject to probate proceure or creditor attachment if the deceased spouse is the sole debtor.
The state will open the estate. The assets will go into a trust for the use of the children. The state will appoint a trustee for the assets and a guardian for the children. They may be the same person.
The estate is responsible for the medical debts. The exception would be if the children were the insurance holder or co-signed the medical agreement.
No, Florida is not a community property state therefore debts not jointly incurred belong solely to the person who holds the account. In Florida married couples are generally presumed to hold jointly owned property as Tenancy By The Entirety (TBE) which makes such property exempt from creditor action when only one spouse is responsible for the debt.
You have some rights to inherit your fathers property - if it is his property and in his name - and the girlfriend may have part ownership or should have if she has been paying on it. See a lawyer. * When a person dies without a will the deceased property and asssets are distributed in accordance with the state's probate succession laws. Ownership is real property is determined by how the property is titled the names on the mortgage agreement only indicate who is responsible for the debt. The wording of the property deed determines whether or not the property is subject to probate procedure and partitioning.