Legal Question in Wills and Trusts in Florida

Here is the question:

Peggy is the heir to the oil mineral rights and she has 2 children (Liz and Heidi) by George.

Peggy and George divorce and Peggy marries Tom (Tom has 2 children from another marriage).

Peggy and Tom have no children together.

Peggy passes away and is survived by Tom.

Tom passes away about a year later.

There are no wills and all divorces were where everyone keeps everything in their own name.

Is Liz and Heidi sole heirs to the oil mineral rights? Or are Tom's kids the heirs or are both?


Asked on 3/29/16, 6:49 pm

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Peggy's assets passed to her heirs at the time of her death. her husband at the time, Tom either received assets in joint name OR had a potential elective share under Florida Statutes. Peggy's natural children may have a claim to the remainder interest in the Estate beyond the elective share. IF Tom is the pretermitted spouse, he may actually have claim to the entire Estate. More facts are needed.

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Answered on 3/30/16, 1:35 am
David Slater David P. Slater, Esq.

Based on your limited information Tom's children inherit his 100% share.

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Answered on 3/30/16, 7:38 am


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