If my father died without a Will, who has rights to his estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my father died without a Will, who has rights to his estate?
He died last month and his second wife died 8 months ago. There is only my brother and I, 5 grandchildren, his mother, 2 half sisters and a brother. I would like to know who has rights over his estate? I was told by my aunt that we could not even go on the property. Nobody has power of attorney rights. I don’t know how to proceed.
Asked on December 16, 2012 under Estate Planning, Florida
Answers:
Victor Waid / Law Office of Victor Waid
Answered 11 years ago | Contributor
Your father's children and deceased children's chhildren (grandchildren) are the enttled heirs to your deceased father's estate, only.
Catherine Blackburn / Blackburn Law Firm
Answered 11 years ago | Contributor
Since he died without a spouse, your father's children are entitled to inherit all of your father's property. If you and your brother are the only children, the two of you will share the property equally.
If your father had other children who are now deceased, their children will inherit their share. Unless they are the children of a deceased child, grandchildren do not inherit. Since your father had children, his mother, half sisters, and brother have no rights of inheritance in Florida.
Even if someone had a power of attorney, it expired when your father passed away.
You and your brother should consult a probate attorney in the county where your father died. That attorney can explain your aunt's error and probate your father's estate. It will be necessary to pay the attorney, of course, but the attorney can be paid out of estate property. An attorney is required to probate an estate in Florida. You cannot do this yourself.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.