Legal Question in Wills and Trusts in Florida

If no will who gets what?

If person dies without a will and has no spouse, does the only living child receive everything or does the other deceased child's heirs receive anything? what about the grandchildren of the person? thank you


Asked on 3/15/06, 2:18 pm

1 Answer from Attorneys

Thomas Shigo The Shigo Law Firm, P.A.

Re: If no will who gets what?

If no will and no surviving spouse the estate will be split between the lineal descendants (children). A lineal descendant (child) does not have to be living to get their share. If the child died before the parent, that child's share will be split between that deceased child's children. However, determining the amount of the split for any heir might be complicated in cases of step-children, adoption, and lineal descendants born after the death of the intestate person.

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Answered on 3/15/06, 3:06 pm


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