Legal Question in Wills and Trusts in Florida
automatic heirs?
if i dont have a will and i die - is my spouse the automatic heir to whatever properties i possess including what i am due to inherit from my parent. assuming i die shortly after or concurrent to the time of my parents death?
3 Answers from Attorneys
Re: automatic heirs?
The answer is dependant on the laws of each individual state. But most laws hold that:
(i) concurrent: your wife inherits
(ii) if you die even moments before your parents, then your wife gets nothing. There is no legal relationship. The estate would go to their children and, through you, your children. If they have no children, then to their siblings.
Re: automatic heirs?
If you have no descendants (children, grandchildren, etc.), the answer is Yes. If you have descendants, everything would pass to your spouse AND your descendants.
Re: automatic heirs?
Your estate will include everything that you were entitled to collect at the time of your death. If at that time you were entitled by law to inherit from your parents, then the inheritance will be included in your estate. In New York State, a surviving wife(if you are survived by one or more children)is entitled to the first $50,000 in value in the estate and one half of the excess; if there are no children, she is entitled to all of the estate.
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