Legal Question in Wills and Trusts in Florida
insure heirship in intestate probate
How does a brother insure his heirship to a sister's real property who died intestate with no spouse or children?
2 Answers from Attorneys
Re: insure heirship in intestate probate
I assume from your question that your sister died in Florida with Florida property and with no Will. Further she had no spouse or children. If that is the case, then her parents, if alive, would take the property. If the parents are deceased, then her siblings and any descendants of any deceased brothers and sisters would take. You do not state why you need to "insure" you are an heir. Have you spoken with the personal representative or the attorney for the PR? If no one has filed any probate action, you may want to file one yourself and ask the court in Florida to appoint you personal representative. You should discuss this matter with an attorney you trust.
Re: insure heirship in intestate probate
If your sister died intestate and there are no other heirs, you should have no problem receiving what is left of the estate after taxes, expenses, and any outstanding debt. If no one has yet been appointed personal representative, you can petition the court to appoint you. Since it is the job of the PR to distribute assets, it might make you feel more at ease.