intestate distribution

Question 1

spouse share

Answer 1

1 no descendants spouse takes all
2 descendants lineal to spouse and no other descendants , spouse takes all
3 if descendant and not lineal of spouse, spouse gets 1/2
4 if descendants has lineal with spouse and spouse has non lineal of decendant, spouse gets 1/2

Question 2

lineal descendants share

Answer 2

split if not spouse (child, adopted child, non marital child, afterborn child)

Question 3

parents

Answer 3

no spouse or lineal descendants then to parents

Question 4

descendants of parents

Answer 4

siblings next or there decendants

Question 5

grandparents

Answer 5

or their descendants split between maternal or paternal

Question 6

kindred of last deceased spouse

Answer 6

last

Question 7

escheat to state

Answer 7

if nothing … burden of proof - died, not married, intestate, after diligent search unable to find ascertainable heirs - then burden shifts to claimant he is next of kin

Question 8

per stirpes

Answer 8

tom dies, Ann Beth carl kids, carl dead carl kids get his share , ann and beth get their own share

Question 9

adoption

Answer 9

cut off natural unless, nat marries adopt, other nat dies before adopt marries nat. adopted by close member after death of nat

Question 10

Virtual equitable adoption

Answer 10

recognizes adoption if not legally correct yet raises child ass there own. Clear and convincing evidence

Question 11

Non marital child

Answer 11

to inherit needs, marriage, adjudication , acknowledgment by writing

Question 12

half blood

Answer 12

half blood gets half if full blood on same side , but if only one then gets
All (only one of maternal or paternal)

Question 13

Personal reps

Answer 13

18 mental capacity no felony, florida residency required unless , grandparent, adoptive, descendants spouse or gp p c or gc of dec spouse, a spouse of any above , brother or nephew

Question 14

p rep selection

Answer 14

• if will person in will, devisee, person selected by the majority in interest of the estate beneficiaries
  -no will - spouse person selected by majority in interest of heirs, heir nearest kin