Florida Intestate Succession

[extra-terrestrial]

What is the name of your state? Florida

I'm hoping to find someone very familiar with the lower levels of the Florida intestate succession rules (732.103). Brief background: my cousin died intestate in Florida. In a hand written (and un-witnessed statement) he expressed the desire to leave his estate to his step-daughter. This is something I'd like to see happen. Unfortunately he never formally adopted her, so she is not considered a "descendant of the decedent" (first to inherit under FL 732.103). Following the succession rules in the Florida law, the next living relative to my cousin is his cousin - me (FL 732.103 section 4(b) - "descendants of deceased uncles and aunts of the decedent"). As I understand it, if I were not alive the succession would flow to FL 732.103 section 5. This section states "...the whole of the property shall go to the kindred of the last deceased spouse of the decedent as if the deceased spouse had survived the decedent and then died intestate entitled to the estate" - His step-daughter is the kindred of the last deceased spouse of the decedent, so she would be in line to inherit. I am trying to avoid going through the probate process myself and then giving the proceeds to his step-daughter (she's prepared to go through probate) - I would like to know if I can tell the probate court to skip me in the succession and move on to section 5. I'm afraid that if I simply waive my inheritance rights it would flow to my children and not on to his step-daughter via section 5. Does anyone know if this is possible? Thanks - and yes, I know I need a lawyer!

 

[adjusterjack]

I'm afraid that if I simply waive my inheritance rights it would flow to my children and not on to his step-daughter via section 5

I read it that way, too. If you disclaim your inheritance, it goes to your children. If your children disclaim the inheritance and they have no children then the inheritance goes to your cousin's stepdaughter.

Can you get your children to disclaim the inheritance?

If you can't then I suggest you accept your inheritance and give it to your cousin's stepdaughter. You will have to file a gift tax return with the IRS but neither of you will pay any tax unless the value of the estate is over $11.7 million ($23.4 million if you are married) which is the life time gift and estate tax exclusion for 2021 (unless Biden gets his way and lowers it to $3.5 million this year).

Still, if you aren't a multi-millionaire by now, that's probably not going to be an issue.

I am trying to avoid going through the probate process

Yeah, everybody wants to avoid going through the probate process. Sorry, you're going to have to. So get yourself down to the probate court and apply to be representative of the estate and do what you gotta go. If the estate is small enough you probably won't need a lawyer. The court will have forms and instructions.

BTW, how much will your cousin's estate be worth after paying funeral expenses and debts?

 

[extra-terrestrial]

Thank you so much for the reply. From what I can tell at this point - looking at assets/liabilities - the estate will likely only net out to $5-10K. I would like to try and do it without a lawyer, but I'm getting the impression that Florida requires it (I don't reside in Florida) - and it will involve selling a condo that has a mortgage.

 

[adjusterjack]

That complicates matters.

Here's an idea. Have the step-daughter go to the probate court with the death certificate and apply to be representative of the estate. If she can get that appointment it will authorize her to handle the sale of the property and the disbursement of the proceeds to you, the heir. Once you have the money you can turn it over to her.

She's going to have to do some studying.

Here are some resources you can pass along to her.

https://www.flsenate.gov/Laws/Statutes/2019/Chapter735/All

https://www.flcourts.org/Resources-Services/Court-Improvement/Family-Courts/Family-Law-Self-Help-Information/Probate

https://www.floridabar.org/public/consumer/?OpenDocument

How much equity is in the condo?

 

[extra-terrestrial]

Thanks - I will looks this over - sounds like an interesting idea. I'm afraid there is only about $5K in equity on the condo - just an estimate, but there's not much based on the balanced owed, condition of unit and current market.

 

[adjusterjack]

I don't know if the idea will work. You might have to apply yourself long distance and handle things that way. Hiring a lawyer would eat up the entire value of the estate, as would hiring a realtor.

I've reached the end of my ability to make helpful comments.

 

[zddoodah]

my cousin died intestate in Florida. In a hand written (and un-witnessed statement) he expressed the desire to leave his estate to his step-daughter. This is something I'd like to see happen. Unfortunately he never formally adopted her, so she is not considered a "descendant of the decedent" (first to inherit under FL 732.103). Following the succession rules in the Florida law, the next living relative to my cousin is his cousin - me

Just to be clear, your cousin had no (1) surviving spouse, (2) lineal descendants, (3) surviving parents, (4) surviving siblings or their lineal descendants, (5) surviving grandparents, or (6) children of grandparents (and, also, that you are the only living lineal descendant of any of your cousin's four grandparents). Correct?

I know I need a lawyer!

Not really. You're not required to do anything. The former stepdaughter should retain an attorney, and the attorney can advise her how best for you to relinquish or assign your interest in the estate to her.

 

[extra-terrestrial]

Thank you for the reply. I confess that I left out some details because I was trying to concentrate on clarification on the Florida succession rules. I have a brother and sister - so add two more cousins to the list. They have agreed to whatever is needed to pass the estate on to the stepdaughter, but I know that will not simplify matters. He was an only-child and I'm not aware of any other cousins or any parents, grandparents, uncles, aunts that are still alive - he never spoke about them and the stepdaughter is not aware - but it's possible there are living cousins from his father's side since his father did have one brother. Curious that if I do nothing, will the state of Florida eventually assign a lawyer to look for descendants - and find me (and my siblings) and maybe others? The stepdaughter did have an initial consultation with a lawyer and they told her she has no standing.

 

[adjusterjack]

Curious that if I do nothing, will the state of Florida eventually assign a lawyer to look for descendants -

No. The state does nothing but take the property and accounts and holds them until somebody claims them. I don't know for how many years before it actually becomes property of the state and can be auctioned off.

Considering how little the net worth of the estate it you might stop paying the taxes and condo fees and let it go to the association or the tax man whoever gets it first.

Unless the money accounts had a beneficiary listed you'd be giving up the money, too. The banks would turn the money over to the state after a time.

 

[williamramirez]

What is the name of your state? Florida

I'm hoping to find someone very familiar with the lower levels of the Florida intestate succession rules (732.103). Brief background: my cousin died intestate in Florida. In a hand written (and un-witnessed statement) he expressed the desire to leave his estate to his step-daughter. This is something I'd like to see happen. Unfortunately he never formally adopted her, so she is not considered a "descendant of the decedent" (first to inherit under FL 732.103). Following the succession rules in the Florida law, the next living relative to my cousin is his cousin - me (FL 732.103 section 4(b) - "descendants of deceased uncles and aunts of the decedent"). As I understand it, if I were not alive the succession would flow to FL 732.103 section 5. This section states "...the whole of the property shall go to the kindred of the last deceased spouse of the decedent as if the deceased spouse had survived the decedent and then died intestate entitled to the estate" - His step-daughter is the kindred of the last deceased spouse of the decedent, so she would be in line to inherit. I am trying to avoid going through the probate process myself and then giving the proceeds to his step-daughter (she's prepared to go through probate) - I would like to know if I can tell the probate court to skip me in the succession and move on to section 5. I'm afraid that if I simply waive my inheritance rights it would flow to my children and not on to his step-daughter via section 5. Does anyone know if this is possible? Thanks - and yes, I know I need a lawyer!

If you are non-relatives, then you have to make a will and put her first in line for inheritance.

 

[Zigner]

If you are non-relatives, then you have to make a will and put her first in line for inheritance.

This is an old thread and didn't need resurrecting, especially for you to post an, at best, partially correct answer. There are other avenues and not just your way.