Legal Question in Wills and Trusts in Florida
Who is entitled to esate with no will and no children?
My brother died and did not leave a will. He and I are the only children of my mother. My brother had no children or spouse.
Our dad (deceased) had another child with another woman. We don't know if he married the woman or not. I am told he did acknowledge the child on the birth certificate.
Is this half brother entitled to part of my brothers estate?
3 Answers from Attorneys
Re: Who is entitled to esate with no will and no children?
In Florida, if someone dies without a will and without a spouse or children, the parent(s) would take the estate. So, under the facts you have presented your mother is the heir of this estate, assuming she is still alive.
Re: Who is entitled to esate with no will and no children?
If your brother was not married and there was no will leaving assets to someone else, his estate goes to your mother. If your mother has passed, the half sibbling gets half of what you get.
Re: Who is entitled to esate with no will and no children?
Under Florida intestacy law, your mother is entitled to the entire estate.
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