Legal Question in Civil Litigation in Florida

When my mom married my dad she had two kids from a previous marriage. My dad adopted them. They had me a few years later. My mom and dad them got divorced. My dad then died. Are my two half siblings entitled to inheritance that passed down from my dad.

Asked on 9/18/13, 1:48 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

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If there was a will that would control. If no will, the intestacy law would apply.

732.102 Spouse�s share of intestate estate.�The intestate share of the surviving spouse is:

(1) If there is no surviving descendant of the decedent, the entire intestate estate.

(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.

(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate.

(4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.

Answered on 9/18/13, 1:51 pm

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