Legal Question in Wills and Trusts in Florida
estate laws
father died intestate with three properties jointly owned with mother. there are four living, natural children from this marriage. does the florida intestate succession law apply when there is no probate necessary?
I submitted this same question on March 11, 2009 with no response.
2 Answers from Attorneys
Re: estate laws
You're asking a Florida question to Georgia attorneys, resubmit your question to Florida lawyers. I have no idea about the Florida intestate succession law. In Georgia right to survivorship property generally does not go through the probate process. If he has personal property that would likely have to go through probate.
Re: estate laws
If the properties were owned jointly withhis mother with a right of survivorship, then the properties would pass to the mother without probate. If they were owned jointly without the right of survivorship, then you would need probate.