My mother recently passed away without a Will and I am the only surviving son but my deseased brother’s son is telling me he is entitiled to half, is that true?
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My mother recently passed away without a Will and I am the only surviving son but my deseased brother’s son is telling me he is entitiled to half, is that true?
Asked on December 8, 2012 under Estate Planning, Florida
Answers:
Victor Waid / Law Office of Victor Waid
Answered 11 years ago | Contributor
Thats true. The issue(children) of a deceased sibling is entitled to receive a share of the assets thought would hae been given by statute (Probate Code) to their father.
Catherine Blackburn / Blackburn Law Firm
Answered 11 years ago | Contributor
In Florida, this would be true. When a person dies without a will in Florida, their assets are distributed to her "descendants" "per stirpes." This means that the estate is divided into shares according to the 1st generation of descendants (children; here there appear to be 2 children). Then, if any of the children (here, your brother) is deceased, that share passes to the deceased child's children (here, your nephew).
In Florida, you would have "preference" to be appointed personal representative of the estate. This means that you would have the first right to be appointed. The personal representative is entitled to a fee in Florida for administering the estate.
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