Are there any surviving relatives that are excluded from inheriting from an intestate estate?
Yes, there are certain surviving relatives who may be excluded from inheriting from an intestate estate in Florida. Intestate succession law is the law which outlines who inherits from an estate when the decedent dies without a will. Generally, the immediate family of the decedent (e.g. spouse, children, parents) is given priority in inheriting. Beyond the immediate family, certain other relatives, such as siblings, aunts, uncles, grandparents, and cousins, may also receive a share of the estate. However, there are certain relatives who are excluded from inheriting. This includes stepchildren, illegitimate children, and other relatives not legally related to the decedent, such as the unlawful spouse of a child. In addition, if a relative has been adopted by a different family than the decedent’s, they may not be considered a legal relative and thus barred from inheriting. When determining who is entitled to an intestate inheritance, the Florida Statutes provide a clear order of priority. All legal relatives of equal relationships share equally in the estate, with the exception of stepchildren, who are excluded unless a parent has legally adopted them. In the event that no other legal relatives are found, the estate passes to the state.
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