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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 40671
Experience:  Texas lawyer for 30 years in Estate law
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Father died intestate; 2nd wife died with will naming her

Customer Question

Father died intestate; 2nd wife died with will naming her child as beneficiary. Do fathers lineal descendants have any recourse?
Submitted: 8 months ago.
Category: Estate Law
Expert:  RayAnswers replied 8 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 8 months ago.

Yes the father had an estate that consisted of any separate or inherited property and one half of the marital property.If you make applicaiton for probate and seek to be named administrator then you can claim for the estate father's assets.

Here are the laws of intestacy no will

Florida Intestacy Rules

  • A surviving spouse of the decedent receives the entire estate if the decedent has no surviving lineal descendants (children, grandchildren, great-grandchildren, etc).
  • A surviving spouse of the decedent will also receive the entire estate if the decedent had descendants that are also descendants of the surviving spouse and neither the decedent nor the surviving spouse had any other children.
  • If the decedent is survived by both a spouse and lineal descendants and any of the lineal descendants is not also a descendant of the spouse, then the spouse is entitled to one half of the estate, and the descendants share the balance, per stirpes.
  • If there are lineal descendents but no surviving spouse, then the estate is shared by the lineal descendants.
  • If there is no surviving spouse and no lineal descendents, then the estate passes to lineal ascendants (parents, grandparents, great-grandparents, etc.) and collateral relatives (siblings, aunts, uncles, etc.). This means that if the decedent’s parents are alive then they are entitled to the estate. If the parents are not alive, then the estate passes to the decedent’s brothers and sisters and their descendents, per stirpes.
  • If none of the above heirs survive, then the estate passes to the heirs of the decedent’s grandparents, per stirpes, with one half of the estate going to the decedent’s maternal relatives and one half going to the decedent’s paternal relative
Expert:  RayAnswers replied 8 months ago.

If there were no children then spouse got it all.If there were children the spouse gets half of a half(1/4) the kids get the other fourth.So spouse has her half, his (1/4) kids would get the other 1/4.

I appreciate the chance to help .Check the rules above to know if you are an heir under rules of intestacy that would control for father.

Customer: replied 8 months ago.
I understand the intestacy, lineal descendants, just trying to understand if the wife's will would now be what is used to divide the estate. Apparently no probate was ever opened when he (father) died 2 years ago.
Expert:  RayAnswers replied 8 months ago.

No you go back to fathers to see if she got it all if there were children then she only got part.His share would pass to hjis kids or their kids if deceased.The will only controls her half and what she got from dad here.

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