Legal Question in Wills and Trusts in Florida

Three questions about inheritance and business.

1. By U.S. or Florida law, when one of a married couple dies intestate, who does his or her property go to? Does it automatically go to the spouse or to the children?

2. In a partnership of two people, if one dies intestate, does the remaining partner automatically inherit the partnership?

3. If a corporation does not pay its dues and does not report what they are doing, does that automatically dissolve the corporation? And if a dissolved corporation owns a piece of property and the president dies intestate, what happens to the property? Can it be sold?


Asked on 11/10/98, 10:58 am

1 Answer from Attorneys

William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Intestate inheritance rights

1. By Florida law, when one of a married

couple dies intestate, what happens to their

property? Does it automatically go to the

spouse or to the children?

2. In a partnership of two people, if one dies

intestate, does the remaining partner automatically

inherit the partnership?

3. If a corporation does not pay its dues and

does not report what they are doing, does that

automatically dissolve the corporation?

And if a dissolved corporation owns a piece of

property and the president dies intestate, what

happens to the property? Can it be sold?

A. 1. Non-exempt Property owned by one married

intestate spouse passes to the heirs which includes

the surviving spouse and lineal descendants.

2. Depends on the agreement but probably no. It

would pass to the deceased partners heirs.

3.Yes the corp. would PROBABLY be dissolved but

that would not affect the ownership of property.

The corporation continues to own it and it can

sell it if it desires. The shareholders would

elect a new president to wrap up the affairs of

the corp.

William W. Fernandez

William W. Fernandez, Attorney at Law

250 Panama Road East


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Answered on 1/05/99, 7:31 pm


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