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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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 8 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption