Legal Question in Wills and Trusts in Florida

Depends on who is left.

Basically, you first look down the family tree; see if they left any surviving children, grandchildren, or other descendants. If they left more than one it can get a little complicated. If no descendants then you look back up the family tree; parents, grandparents, if there are any surviving. If no surviving parents/descendants, then you look to the side; did they leave any brothers or sisters? If not, then look to nieces and nephews, and children of nieces and nephews; if none, then did they leave any cousins (descendants of grandparents). As I said, it can get complicated; but it is basically nearest living relatives.

And, depending on the exact family relationship AND the value of the estate, the surviving spouse may NOT be entitled to the entire estate.

If you need a more specific answer, then you need to talk directly to a lawyer.

Generally it would be the children (or their grandchild if one of the children predeceased the decedent leaving their own children).

For a more detailed explanation of a particular situation, more information would be required.

It depends, but generally after the spouse the estate goes to the surviving children. It's always a good idea to create a will and decide for yourself who gets your estate. See the articles on my website, www.floridawillmaker.com. The Florida bar has a great pamphlet on wills and section 5 covers what happens if there is no will. You can see the pamphlet at this link: http://tiny.cc/qy5o1.

Regards,