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?
1 Answer from Attorneys
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