Florida Heirship or Descent Affidavit Questionnaire

Category:
State:
Multi-State
Control #:
US-Q1018
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a heirship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Florida will afford all intestate heirs equal share of the estate's property, a style legally known as ?per stirpes.? For example, if your four biological and/or adopted children were deemed the sole legal heirs to your property, each of them would receive 25%.

AFFIDAVIT OF HEIRS (§ 732.103, Fla. For purposes of this document, you must list ALL RELATIVES of the decedent, including yourself, if applicable. If the relative was deceased at the time of the decedent's death, please provide the deceased relative's name, indicate deceased, and date of death.

Florida's intestacy laws determine what heirs are entitled to inherit from the decedent's estate. The Affidavit of Heirs is a tool that gives the court the information in needs to apply the law and make sure that those heirs entitled to inherit from the decedent's estate receive his or her share.

Florida Intestate Succession The first to inherit is the surviving spouse. ... Next in line are the children. ... If the decedent dies without a spouse or children; then, the decedent's parents are next in line to inherit the estate. If none of the above are alive, then the deceased siblings would divide the estate.

Florida Intestate Succession The first to inherit is the surviving spouse. There must be a valid marriage to be a surviving spouse. If there are no children, the spouse gets everything. Next in line are the children.

If your loved one died intestate, their property would pass to their spouses, children, grandchildren, the deceased's parents, and finally the decedent's siblings. If none of the heirs-at-law are still living, then other descendants may have a claim to the estate.

Generally speaking, the surviving spouse is first in line to inherit, with children and grandchildren next in line. If the surviving spouse has any minor children, they may inherit the whole estate. Adult children may receive a share of inheritance.

The petition to determine heirs is typically filed by an interested party such as a potential beneficiary, a creditor, or an executor of an estate. This party typically files the petition with the court in order to establish and determine the legal heirs and beneficiaries of a deceased person's estate.

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Florida Heirship or Descent Affidavit Questionnaire