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Mother Died Without a Will in Florida

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laurabbertman

New member
I have a question regarding Florida Probate... My mother died without a will and I'm very confused as to the laws on who receives assets and inheritance.

I tried reading Florida's laws on it but I was even more confused.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

Does her surviving spouse receive her assets and inheritance or do I as the daughter?

However, shouldn't I receive a share of the assets since I'm her daughter? Any input would be appreciated.

Thanks!
 
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Zigner

Senior Member, Non-Attorney
I have a question regarding Florida Probate... My mother died without a will and I'm very confused as to the laws on who receives assets and inheritance.

I tried reading Florida's laws on it but I was even more confused.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

Does her surviving spouse receive her assets and inheritance or do I as the daughter?
From the above link:

732.102 Spouse’s share of intestate estate.—The intestate share of the surviving spouse is:
(1) If there is no surviving descendant of the decedent, the entire intestate estate. <------- Doesn't apply
(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate. <------- Is the spouse of your mother also your father? If yes, then this applies. Then you ask: Does the spouse have any other children that are not children of your father? If no, then the spouse gets 100%
(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate. <------- If the spouse is not your parent, then the spouse gets one-half.
(4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate. <------- If the spouse is your parent AND the spouse has other children who are not children of your father, then the spouse gets half.
 
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adjusterjack

Senior Member
However, shouldn't I receive a share of the assets since I'm her daughter?
Another thing you have to understand is the difference between jointly owned assets and solely owned assets.

Whatever assets were jointly owned with right of survivorship pass automatically to the surviving spouse and are not part of the intestate estate.

That could apply to a home, bank and investment accounts, vehicles.

There may be nothing left after that happens.
 

zddoodah

Active Member
My mother died without a will and I'm very confused as to the laws on who receives assets and inheritance.

I tried reading Florida's laws on it but I was even more confused.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

Does her surviving spouse receive her assets and inheritance or do I as the daughter?
First of all, I'm unsure what you mean by "assets and inheritance." She had assets, which may become your or her spouse's inheritance.

Beyond that, you need to clarify whether the person to whom you referred as "her surviving spouse" is also your father.

If he is your father, then he gets everything under FSA 732.102(2) (subject to the odd caveat of FSA 732.102(4)). However, if he is not your father, then, under FSA 732.102(3) you and he each receives half of the estate (after payment of debt and estate expenses).

Note that this assumes that your mother had no other children, living or dead. Also keep in mind that FSA 732.102 applies only to the probate estate. The probate estate does not include any of the following: (1) assets held in an account that designates a pay-on-death beneficiary (e.g., bank and investment accounts); (2) assets owned jointly with the right of survivorship, which includes assets held as tenants by the entirety (common for real property owned by a married couple); proceeds of life insurance policies where a beneficiary is designated; and (4) assets held in trust.
 

zddoodah

Active Member
(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate. <------- Is the spouse of your mother also your father? If yes, then this applies. Then you ask: Does the spouse have any other children that are not children of your father mother? If no, then the spouse gets 100%
(4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate. <------- If the spouse is your parent AND the spouse has other children who are not children of your father mother, then the spouse gets half.
ftfy
 

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