Legal Question in Real Estate Law in Florida

I am a single woman that has just purchased a condo with my boyfriend as tenants in common. I have a brother, two grandmothers, and several aunts and uncles. Who is the legal heir to my property?


Asked on 1/30/13, 4:16 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Brother.

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Answered on 1/30/13, 4:20 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

The statute provides for your brother to get your share. Not the entire property.

732.103 Share of other heirs.�The part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no surviving spouse, descends as follows:

(1) To the descendants of the decedent.

(2) If there is no descendant, to the decedent�s father and mother equally, or to the survivor of them.

(3) If there is none of the foregoing, to the decedent�s brothers and sisters and the descendants of deceased brothers and sisters.

(4) If there is none of the foregoing, the estate shall be divided, one-half of which shall go to the decedent�s paternal, and the other half to the decedent�s maternal, kindred in the following order:

(a) To the grandfather and grandmother equally, or to the survivor of them.

(b) If there is no grandfather or grandmother, to uncles and aunts and descendants of deceased uncles and aunts of the decedent.

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Answered on 1/30/13, 6:31 pm


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