Florida City Probate Lawyer

Florida City, Florida is a municipality in Miami-Dade County and the southernmost city in the South Florida urban region. Florida City is mainly a Miami hamlet and main agricultural region. Both Homestead and Florida City endured ruinous damage in August 1992 when Hurricane Andrew hit South Florida. The municipality stemmed from a land promotion called Detroit. No buildings existed in the region when the initial thirty families came in 1910, and they had to remain in Homestead until their houses could be constructed. The name was converted to Florida City when the town was integrated in 1914. It has a minute historic region, but most of the municipality is hotels and other tourist facilities.

Passing Away in Florida Without a Will

If a Florida resident passes away without having a legal will, his or her estate is handled by intestate succession laws to choose who has legitimate right to its contents. The word “intestate” implies either to a person who passes away without a will or legal will. Even for those individuals with a legal will, the intestate procedure might be needed for specific property if the will does not plainly and totally make obvious who is intended to inherit it.

Florida will allow every intestate heir an equal portion of the estate’s property, type legitimately called “per stirpes.” For instance, if an individual’s four biological and/or adopted children were regarded as the exclusive legitimate inheritors to his or her property, each of them would get twenty-five percent. Even though the court eventually decides how property is divided among the deceased person’s relatives, it does not actually distribute the estate. As an alternative, it will select either the living spouse, a person chosen by most inheritors, the most-directly related/best-eligible inheritor or anybody considered competent enough to deal with such the task.

Previous Florida Intestacy Laws

Florida’s intestacy laws were considerably altered on October 1, 2011 regarding the portion of a living spouse. Therefore, if the decedent was married and passed away prior to this date, then the previous intestacy laws would need to be looked at to compute the intestate portions of the beneficiaries.

What will the Person Inherit?

Therefore, what will the person receive if his or her relative passes away without leaving a will and the relative was a Florida resident or possessed real estate situated in Florida? Even if the individual decides based on the details presented in this and the previous article entitled, “Probate in Downtown Miami, that the person is allowed an intestate portion of his or her relative’s estate, he or she might very well not receive anything. What is the reason? Since his or her relative might have left all non-probate property or the debts his or her relative is indebted when he or she dies might go over the value of the probate estate which will make the estate insolvent. If the individual is unsure of his or her legitimate rights as an intestate heir in Florida, then he or she must check with a Florida probate lawyer to be certain.