Legal Question in Wills and Trusts in Florida
Death without a will/beneficiaries
My brother passed away without a will. He was married, do all assets automatically transfer to his spouse or would I or my parents have any rights to his property? In particular those that were not in both their names? How would we proceed?
2 Answers from Attorneys
Re: Death without a will/beneficiaries
It depends upon where the property was located. If the property was located in MN, you should consult with a MN probate attorney. Feel free to contact me with any questions.
Re: Death without a will/beneficiaries
Assuming that brother was a Florida resident, Florida law makes wife or wife and children of your brother sole heir(s). There is no provision for parents and/or siblings where decedent was survived by a spouse and/or children. The only exception would be if he had some assets titled pay on death to the parents and/or siblings.
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