Legal Question in Wills and Trusts in Florida

Re: Legal heirs

Based on the way you posed the question, it would be split 4 ways. Other facts always change the answer. In Georgia the rule is found at OCGA 53-2-1 which states in pertient part: When a decedent died without a will, the following rules shall

determine such decedent's heirs:

(1) Upon the death of an individual who is survived by a spouse

but not by any child or other descendant, the spouse is the sole

heir. If the decedent is also survived by any child or other

descendant, the spouse shall share equally with the children, with

the descendants of any deceased child taking that child's share,

per stirpes; provided, however, that the spouse's portion shall

not be less than a one-third share;

(2) If the decedent is not survived by a spouse, the heirs shall

be those relatives, as provided in this Code section, who are in

the nearest degree to the decedent in which there is any survivor;

(3) Children of the decedent are in the first degree, and those

who survive the decedent shall share the estate equally, with the

descendants of any deceased child taking, per stirpes, the share

that child would have taken if in life