Legal Question in Wills and Trusts in Florida
my dads sister died and he was made heir and p r of her estate then my cousin not her son but his other dead sisters son was made a heir now they say he gets linage what is that and how do they split the money does he get the same amout as my dad or a %
2 Answers from Attorneys
Was there a will? If not the estate would be distributed per intestacy shares.
If there is a will, it must be "probated", which means that the PR must file a petition with the court to have it made official. The PR then works with an attorney to make sure first any creditors of your dad's sister are paid, then any remaining funds are distributed according to the will.
If there is no will, there still must be a petition to the court. In that case, your dad's sister's assets pass in accordance with Florida law. This may be what you refer to as "lineage".
An attorney must review the will and the assets held to advise the family what should be done. Our offices have handled probate matters here in Florida for over 30 years. Please do not hesitate to contact me if you wish to discuss the matter further on the phone.
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