That depends on whether your parent was married at the time of death and if yes, whether the surviving spouse is also your parent. If the surviving spouse is not also your parent then the estate will be shared 50/50 with the surviving spouse getting half and the surviving children by a first wife sharing the other half. If the surviving spouse is also your parent then the surviving spouse gets 100%. If there is no surviving spouse the children get 100%.
It is likely the estate will need to be probated. You should seek advice from an attorney who specializes in probate matters and who can provide up to date information.
https://www.thebalance.com/dying-without-a-will-in-florida-3504952
No, they are not
In Florida, an adverse possession claim allows an individual to gain legal ownership of a property if they have openly and continuously possessed it for a specified period, typically 7 years, without the permission of the original owner. The possession must be hostile, actual, exclusive, and visible. Additionally, the claimant must demonstrate that they have paid property taxes on the land for the duration of possession. This legal doctrine aims to encourage the productive use of land and resolve disputes over property boundaries.
To claim adverse possession in Florida, a person must openly and continuously use someone else's property without permission for a certain period of time, typically 7 to 20 years, depending on the circumstances. This use must be exclusive, meaning the person is treating the property as if it were their own. After the required time has passed, the person can file a legal claim to gain ownership of the property through adverse possession.
Lena Baker was the mother of three children. Two of her children are deceased. As of 2003, it was confirmed that her third child lives in Florida.
No
The probate laws of Florida cover all counties. A decedent's estate is generally filed where the decedent owned property.
Step children are generally not responsible for the debts of their deceased parent in Florida unless they have co-signed or guaranteed the debts. Being named in the will does not automatically make them responsible for the debts. It is important to consult with a probate attorney for specific advice on this matter.
It depends on the amount you are in possession of.
In Florida the children are not personally responsible for the debt. The estate has to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
The state will open the estate. The assets will go into a trust for the use of the children. The state will appoint a trustee for the assets and a guardian for the children. They may be the same person.
The estate is responsible for the medical debts. The exception would be if the children were the insurance holder or co-signed the medical agreement.
Yes. There are some limitation based on the total value of the estate, but if real property is involved, you need the finalization of probate. * Florida allows married couples to hold real estate as Tenancy By The Entirety. When the property is titled TBE it passes directly to the surving spouse and is not subject to probate proceure or creditor attachment if the deceased spouse is the sole debtor.