Losing a loved one can be devastating, but finding out that your loved one forgot to make a last will and testament just makes the situation worse. Here you have real estate property that the heirs cannot claim and this can lead to family fights and issues. What should you do in such a case? Consider speaking to a qualified and experienced probate lawyer in Florida.
Determining Heirs
When a person dies intestate and has property in Florida, probate law of Florida takes over. This law determines who the rightful heirs are and who should inherit the real estate properties left behind by the deceased. Probate law of Florida comes into play even if the deceased did not live in the state. As long as there is property in the state, the law does apply.
Usually, the property goes to the surviving spouse and children. However, there are statutes in place that determine who gets how much of the property. That is why you need a good probate lawyer in Florida if your spouse or parent has passed away without a will and left behind real estate in Tampa or any other part of Florida.
How Much Will You Be Entitled To?
If there is a surviving spouse and no children or grandchildren, the spouse gets the entire property.
- If there is no spouse, but there are kids, the children will inherit all of the property. In case a few children are already dead, but have surviving descendants, these descendants have to be included as heirs and receive their fair share of the property.
- In case there is a spouse and children, the matter gets slightly complicated. Then the probate law Florida looks at different aspects, including:
- When the deceased passed away
- Whether the surviving spouse is also the biological parent of the children
- Whether the surviving spouse has other biological children from someone else
- Whether the property is a homestead or some other type of property
Meandering through the labyrinths of Florida probate law is not easy and that is why you need an experienced and knowledgeable probate lawyer in Florida, who knows the ins and outs of the probate law and can work to benefit you.
Make sure you hire a probate lawyer carefully and do your due diligence. Though losing a loved one is extremely painful and sad, but you have to take stock of the situation and keep a level head, so that you get what is rightfully yours.
Consult the Law Office of Michael Heider at 727-235-6005 to discuss your probate case today!