Overtown Probate Lawyer

Overtown, Florida is a community of Miami, just northwest of Downtown Miami. Initially known as Colored Town throughout the Jim Crow period of the late 1800s through the mid-1900s, the region was once the distinguished and is an historic commercial center in the African American neighborhood in Miami and South Florida. Admired by both African Americans and whites, Overtown was a center for evening entertainment in Miami, akin to Miami Beach, at its pinnacle post-World War II in the 40s and 50s. Since the 90s and 2000s, neighborhood gardens have been designed, as well as reconstruction to the historic Lyric Theatre and revival and redevelopment endeavors urged by the municipality of Miami and Miami-Dade County.

More on Florida Inheritance Law-Part I

Spouses

The living spouse of the deceased person has the strongest rights to an intestate estate as much as Florida inheritance laws are involved. He or she will inherit the individual’s whole estate if the person has no living children or his or her only living children were with his or her spouse. However, if not all the person’s living children were with his or her spouse or he or she each have children with other individuals, his or her spouse will only inherit fifty percent of the estate. Sequentially, the other fifty percent goes to his or her children.

Florida offers widows and widowers now enduring a probate case a few rights to assist them in getting through the sometimes extended proceed. As well as obtaining access to their deceased spouse’s vehicle if they need transportation, they will also be awarded a family stipend of up to $18,000 to cover lifetime expenses.

As a discretionary portion state, any living spouses in Florida who are cut off from a deceased person’s will will have a decision to participate in the estate. Any non-probate possessions, such as money and investment accounts, cannot be completely seized.

Divorces

According to Florida intestate law, a spouse will be bereaved of all rights to inherit when he or she splits from the deceased person. However, if the deceased person dies during the divorce procedure or after the couple breaks up, the spouse will retain inheritance rights.

Children

The only circumstances under which a deceased person’s children will inherit their parent’s complete intestate estate is if the parent passes away without a living spouse. If both the individual and his or her spouse are their parents, the children will not inherit anything. However, they will receive fifty percent of the person’s estate if his or her living children spread out beyond him or her or his or her living spouse’s relationship.

According to Florida intestate succession laws, biological children have the strongest inheritance rights of any kind of child. This is relevant despite if the children were born within a marriage or not, if paternity can be substantiated, either through science or his or her acknowledgement before the individual’s demise. Even though grandchildren are also closely related to the person, they are not awarded automatic inheritance authority unless their parent, or the individual’s child, has passed away.

Adopted children have the similar inheritance rights as biological children as said by Florida inheritance laws. The similar benefits are relevant to children who are created before the person’s demise but are born after it.

Three kinds of children who could possibly be part of the individual’s life will not obtain inheritance rights: foster children, biological children put up for adoption, and stepchildren. Since the Florida state government does not perceive children within these groups as legitimately “his or hers,” they miss a chance on inheritance if the person does not have a legal will listing them as an inheritor.