Legal Question in Wills and Trusts in Florida

heirs

My husband's dad and (step) mother in law are both deceased. Neither had a will and we didn't know that until after the mother in law's death. She has no children but other sisters, nieces etc. Is he still considered a lineal descendent to the estate because (1) the estate is in intestate,(and has been since dad's death) and (2) because he is his father's son and not her son?


Asked on 4/23/03, 9:43 am

1 Answer from Attorneys
Marie-Anne Oatley

Re: heirs

Your husband is not a lineal descendant of his stepmother. Her estate will pass to her own "heirs" (children, grandchildren, parents, siblings, aunts, uncles since she dies intestate. However, if she has no such "kindred," the estate will pass to your husband's father's heirs as if he had not predeceased his wife. This is only if no kindreds (basically blood relatives) are located.

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Answered on 4/23/03, 10:15 am


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