extra-terrestrial
New member
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!
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!