Legal Question in Wills and Trusts in Florida
succession of heirs when there are no children
A couple died within 30 days of each other, no children. their assests in their will were left for each other. The wife died last. Her sisters and brothers are in Europe and refuse any contact. Can the husbands family make the claim? If not, should we go to the neices of nephews of the wife? What is the succession on heirs? Right now the estate is with the state of florida.
1 Answer from Attorneys
Re: succession of heirs when there are no children
It seems as if you already have consulted with an attorney and know the answer to your question. If the parties left everything to each other, the estate of the surviving spouse would be entitled to the whole of the corpus (body) of the estate. Simply put, the wife's relatives would now be entitled to the property, unless there were residuary beneficiaries mentioned in her will and then the property would pass accordingly.
This is a complicated legal matter and you should consult with a competent attorney who is knowledgable about probate law.
Scott R. Jay, Esq. (305) 249-8000
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