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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37076
Experience:  Texas lawyer for 30 years in Estate law
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My sister in Florida passed April 7 2016 Husband died 2011

Customer Question

My sister in Florida passed April 7 2016 Husband died 2011 no children lived rest of here life in WV. I have court small estate and all paperwork to Metlife and FEGLI they have someone claiming to be daughter and giving her a year from death to prove she supported her and her husband and three kids////??????
Submitted: 3 months ago.
Category: Estate Law
Expert:  RayAnswers replied 3 months ago.

Hi and welcome to JA.Ray here to help you tonight.

Here are the Florida laws of intestacy(no will) that apply..

If you die with:

here’s what happens:

  • children but no spouse
  • children inherit everything
  • spouse but no descendants
  • spouse inherits everything
  • spouse and descendants from you and that spouse, and the spouse has no other descendants
  • spouse inherits everything
  • spouse and descendants from you and that spouse, and the spouse has descendants from another relationship
  • spouse inherits 1/2 of your intestate property
  • your descendants inherit 1/2 of your intestate property
  • spouse and descendants from you and someone other than that spouse
  • spouse inherits 1/2 of your intestate property
  • your descendants inherit 1/2 of your intestate property

So here the husband had half the community /marital proeprty his half here passed under above.Wife got her half and then part of his estate or all if no kids.The daughter here would have to be her child and if proven she would take part of mothers estate.

You may need a lawyer here to sort this out, it sounds like a bogus attempt to claim estate.But she is apparently mistakenly trying to claim heirship here.

If she was proven to be a daughter she would have a claim under the laws above to part of the estate.

Expert:  RayAnswers replied 3 months ago.

I sure would consider a lawyer here.

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Expert:  RayAnswers replied 3 months ago.

I wanted to verify that she deceased in Florida and was a resident there at the time.Thats how I read your question.Thanks.

Expert:  RayAnswers replied 3 months ago.

If you can positive rate 5 stars it is much appreciated .I wish you the best here in court

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