INTESTACY

Question 1

How is property distributed via intestacy if the decedent is survived by spouse?

Answer 1

(1) Spouse + no children= spouse takes everything
(2) Spouse + children of the marriage = Spouse takes everything
(3) Spouse + spouse has other children not with the decedent = 1/2 of the estate
(4) Spouse + children any of whom isn’t a descendant of the spouse = 1/2 of the estate

Question 2

How is property distributed through intestacy if there was no surviving spouse?

Answer 2

(1) descendants per stripes;
(2) if not descendants, decedents parents or the surviving parent;
(3) if none of the above: siblings and their descendants;
(4) if none of the above: 1/2 to paternal grandparents and descendants and 1/2 to maternal grandparents and their descendants;
(5) if none of the both kindred of the last deceased spouse

if no one can take the estate escheats to Florida

Question 3

What distribution scheme does Florida follow?

Answer 3

per stirpes

Question 4

What is excluded from the probate estate?

Answer 4

(1) property passing through survivorship; (2) property passing via contract (death benefits, insurance); (3) POD bank accounts; (4) Property held in trust; (5) property over which decedent had no power of appointment

Question 5

Can a beneficiary disclaim their interest in an estate?

Answer 5

Yes, if they are solvent; the disclaimer will be good against disclaimants creditors

Question 6

When is the right to disclaim barred?

Answer 6

(1) written waiver; (2) acceptance of the property; (3) voluntary assignment/ transfer/ encumbrance of the interest; (4) beneficiary is insolvent; or (5) the property is sold via judicial process

Question 7

What are the rules regarding non marital children?

Answer 7

(1) are always the heirs of the mother; (2) only the heirs of the father if father marries the mother; is adjudicated the father before or after death; or acknowledges paternity in writing

Question 8

Adopted children under intestacy:

Answer 8

are treated as biological children of the adopting parents; adoption cuts inheritance in either direction between the adopted children and their natural parents unless (1) the child is adopted by a close relative; or (2) adopting parent marries one of the child’s parents after the other parent has died

Question 9

A non marital child can inherit from his father and father’s family if his natural parents participated in a marriage ceremony…

Answer 9

even if the attempted marriage is void