Legal Question in Wills and Trusts in Florida
no will, hier determination
My brother and I are the surviveing family of our grandmother, other than her sibling. She refuses to make a will. In the event of her death, what would we have to do to receive the several properties owned, and personal sentimental objects, would her sibling have rights to it as well?
1 Answer from Attorneys
Re: no will, hier determination
If your grandmother dies without a will, with no surviving spouse, but with surviving siblings and grandchildren, her estate will pass to the grandchildren. To settle the estate (notify and pay creditors, file inventory, file accouting, get appraisals, sell property, collect what anything due to the estate, distribute assets, determine and pay taxes, defend suits if any, etc.), you simply would need to petition to open probate administration in the local court. You can also petition to be appointed personal representative. Of course, you, or whoever is named as PR, can hire an attorney to take care of everything as well.