Who Inherits What?

[FloridaUser25]

What is the name of your state? - Florida

Sister, Husband and Son died in a car Accident. Husband died first, 30 mins later Sister and next day her Son at the hospital.

Husband has a Son from first wife who is surviving. Sister has her Mother and Me surviving.

There is no will. Who will inherit the estate? Does the timing of death matter in deciding the priority of beneficiaries?

Is the Mother sole beneficiary for Sister?
Will first wife or step-son also be part of the beneficiary list?

 

[adjusterjack]

Google Florida intestate succession and you'll have your answer.

 

[Taxing Matters]

What is the name of your state? - Florida

Sister, Husband and Son died in a car Accident. Husband died first, 30 mins later Sister and next day her Son at the hospital.

Husband has a Son from first wife who is surviving. Sister has her Mother and Me surviving.

There is no will. Who will inherit the estate? Does the timing of death matter in deciding the priority of beneficiaries?

Is the Mother sole beneficiary for Sister?
Will first wife or step-son also be part of the beneficiary list?

In Florida, the order does matter even though they died relatively close in time to each other. The governing statute indicates by negative implication that where the order of death can be determined you follow that order, unless the governing instrument (e.g. will, trust, etc) says otherwise. See Florida statute section 732.601.

So here if none of them had a will the outcome would be as follows:

The husband's entire estate would go to his son if (1) he was not married at the time of his death and (2) that his living son is the only child that he ever had.

The sister's entire estate would go to her son's estate since he survived her, and again assuming that son was the only child she ever had.

Then the sister's son's estate would depend on whether he was married when he died or had any kids/grandkids who are living. If he was not married and never had any descendants, then he estate goes to his father, if his father is still living.

See the entire intestate succession statutes here: Florida statutes Chapter 732, Part I

 

[not2cleverRed]

What is the name of your state? - Florida

Sister, Husband and Son died in a car Accident. Husband died first, 30 mins later Sister and next day her Son at the hospital.

Husband has a Son from first wife who is surviving. Sister has her Mother and Me surviving.

There is no will. Who will inherit the estate? Does the timing of death matter in deciding the priority of beneficiaries?

Is the Mother sole beneficiary for Sister?
Will first wife or step-son also be part of the beneficiary list?

Was the "sister" the husband's wife? Is the "son" the couple's mutual child?

Or is the "sister" the husband's sister-in-law? Who was the husband's 2nd wife?!

As you can see, TM assumed from your description that the "husband" was not married and that your sister's son was not his child. I don't see that as the only possibility. Please clarify.

I'm sorry that your family has had such a traumatic event.

 

[FlyingRon]

Also we need to know if there are other children or siblings involved.

Ex-wives don't have any rights. Stepson depends on just what you mean by that term.

 

[LdiJ]

In Florida, the order does matter even though they died relatively close in time to each other. The governing statute indicates by negative implication that where the order of death can be determined you follow that order, unless the governing instrument (e.g. will, trust, etc) says otherwise. See Florida statute section 732.601.

So here if none of them had a will the outcome would be as follows:

The husband's entire estate would go to his son if (1) he was not married at the time of his death and (2) that his living son is the only child that he ever had.

The sister's entire estate would go to her son's estate since he survived her, and again assuming that son was the only child she ever had.

Then the sister's son's estate would depend on whether he was married when he died or had any kids/grandkids who are living. If he was not married and never had any descendants, then he estate goes to his father, if his father is still living.

See the entire intestate succession statutes here: Florida statutes Chapter 732, Part I

TM, I think that we need clarification from the OP. I interpreted the original post as follows: Husband, who has an older son from a prior relationship died first. His wife, died second, their mutual son, died last.

 

[Taxing Matters]

TM, I think that we need clarification from the OP.

We do, if the OP wishes to specify the family tree of each person. But perhaps by reading the statutes I linked that will answer the OP's question anyway.

 

[stealth2]

I.... can't. Just can't.