Florida/Georgia Personal Injury & Workers Compensation

...ld have actually taken the homestead had the testator died intestate. In this case the granddaughter would not have taken the homestead under the intestacy statutes because the testator's natural son was still alive at the death of the testator. See § 732.103, Fla....

...edent. Instead, we hold that the constitution must be construed to mean that a testator, when drafting a will prior to death, may devise the homestead (if there is no surviving spouse or minor children) to any of that class of persons categorized in section 732.103 (the intestacy statute)....

...ccession. See, e.g., Arnold v. Wells, 100 Fla. 1470, 131 So. 400 (1930). If Betty Snyder had died intestate, Milo Snyder would have inherited everything as her "heir," i.e., next lineal descendant in line, and Kelli Snyder, under any construction of section 732.103, would have inherited nothing....

...eir takes only where there is no will. We disagree. Heirs, as defined in section 731.201(18), are simply those persons entitled to receive property under the laws of intestacy; the decedent's son, as his lineal descendant, is a member of that class. § 732.103(1), Fla....

...at 423, quoting Shone v. Bellmore, 75 Fla. 515, 78 So. 605, 607 (Fla.1918). Because Bavle, as the decedent's grandson, was a lineal descendent of the decedent, he is a member of the class of persons entitled to receive property under the laws of intestacy, see sections 732.103(1) and 732.401(1), Florida Statutes (1993), and accordingly, is an "heir" for the purposes of article X, section 4(b)....

...use, who are entitled under the statutes of intestate succession to the property of a decedent. " (Emphasis added.) Under the rationale of the majority, the homestead exemption could accrue to the kindred of the last deceased spouse of the decedent, section 732.103(5), Florida Statutes (1993), even though they would not be entitled to the decedent's property through intestate succession because lineal descendants closer in consanguinity to decedent survived....

...Bartelt, 579 So.2d 282 (Fla. 3d DCA 1991). The question therefore is simply whether Kelli Snyder, the devisee of the homestead, is an heir as contemplated by article X, section 4, of the Florida Constitution and as defined in sections 731.201(18) and 732.103....

...ccession. See, e.e., Arnold v. Wells, 100 Fla. 1470, 131 So. 400 (1930). If Betty Snyder had died intestate, Milo Snyder would have inherited everything as her "heir," i.e., next lineal descendant in line, and Kelli Snyder, under any construction of section 732.103, would have inherited *1007 nothing....

...The district court in the instant case correctly interpreted the statute. After setting out section 731.201(18), the court held: If Betty Snyder had died intestate, Milo Snyder would have inherited everything as her "heir," i.e., next lineal descendant in line, and Kelli Snyder, under any construction of section 732.103, would have inherited nothing.......

...Const.; § 732.4015, Fla. Stat. (1981). [2] It is apparent that either Johnson's spouse predeceased him or their marriage had been dissolved. Therefore, in accordance with the Florida Statutes, the homestead passed directly to Johnson's children. See § 732.401(1); § 732.103(1)....

...Unless constrained by his obligation to preserve the confidence and secrets of his client, a lawyer should reveal to appropriate authorities any knowledge he may have of such improper conduct. [3] § 744.391 Fla. Stat. (1979). [4] § 62.062(2)(a) Fla. Stat. (1979). [5] § 63.092(2) Fla. Stat. (1979). [6] § 732.103 Fla....

...The Snyder court held that the term "heirs" in article X, section 4(b) is not limited to the person or persons who would actually take the homestead by law in intestacy on the death of the decedent; rather, the term "heirs" encompasses any of that class of persons categorized in the intestacy statute, section 732.103, Florida Statutes....

...eir takes only where there is no will. We disagree. Heirs, as defined in section 731.201(18), are simply those persons entitled to receive property under the laws of intestacy; the decedent's son, as his lineal descendant, is a member of that class. § 732.103(1), Fla....

...In Roman law, `heres' meant either a person designated by will or someone who took upon intestacy."); cf. Department of Health & Rehabilitative Servs. v. Trammell, 508 So.2d 422 (Fla. 1st DCA 1987) (because decedent's "good friend" not recognized as an heir under § 732.103, homestead property devised to that "good friend" was not exempt from forced sale by decedent's creditors)....

...Thus, like the decedent's son in this case, Lopez' "heirs" actually took the homestead property by devise through a residuary clause in her will. [6] As the court noted in its opinion, the stepdaughter's claim that she is an alternative contingent heir under section 732.103(5), Florida Statutes, "has no effect......

...ersons who could be a beneficiary of the decedent under the laws of intestacy. See Snyder v. Davis, 699 So.2d 999, 1002 (Fla. 1997); Monks v. Smith, 609 So.2d 740, 742 (Fla. 1st DCA 1992). Mr. Hamel's two daughters clearly meet this requirement. See § 732.103(1), Fla....

...rongful death act. We reverse the order apportioning settlement proceeds and remand for the entry of an order allocating such proceeds solely to appellant, after the deduction of attorney's fees and costs. GUNTHER and SHAHOOD, JJ., concur. NOTES [1] Section 732.103(2), Florida Statutes (1999), provides that where there are no surviving spouse and no lineal descendants of a decedent, an intestate estate shall pass "to the decedent's father and mother equally, or to the survivor of them."

...Crosley, is the stepson of the deceased, being the only living child of Garrett D. Crosley, the predeceased spouse of Marguerite Crosley. Leonard claims there are no other heirs or blood relatives of Marguerite Crosley, and thus he is the sole living heir pursuant to Section 732.103(5), Florida Statutes (1977)....

...Leonard filed a petition for determination of heirs and beneficiaries. In due course, the trial court entered a summary final judgment determining that Jeannine was the first cousin once removed of the decedent and entitled to inherit her estate pursuant to Section 732.103(4), Florida Statutes (1977)....

...Because McKean had no surviving spouse or minor child at the time of his death, the devise of his homestead property to certain family members was protected from creditors. See Snyder v. Davis, 699 So.2d 999, 1005 (Fla.1997). Florida's intestacy statute, section 732.103, Florida Statutes (2004), includes the following family members: the surviving spouse, the lineal descendants, the decedent's mother or father or both, the decedent's brothers and sisters, and then the descendents of the brothers and sisters....

...n and Scott Benson. Because Scott Benson died intestate without a surviving father, mother, spouse or lineal descendant, his heirs under the intestacy laws of this state would normally have been his sister, appellant, and his brother, Steven Benson. § 732.103(1), (2) and (3), Fla....

...Steven Benson from inheriting their father's share under the will of Margaret Benson under section 732.603, Florida Statutes (1985), nor from inheriting their father's share of Scott Benson's intestate estate according to the provisions of sections 732.103 and 732.104, Florida Statutes *777 (1985)....

...Benson's estates. In making that argument she urges that her interpretation of the Slayer Statute should prevail over the express terms of Margaret Benson's will, over Florida's Anti-Lapse Statute, section 732.603(1), and also over sections 732.611, 732.103 and 732.104, Florida Statutes (1985)....

...kills " who is prohibited from benefiting from the act of killing (emphasis added). The statute clearly states without any exceptions that the property of the decedent "passes as if the killer had predeceased the decedent." In regard to Scott Benson's intestate estate, section 732.103(3) provides that when a decedent has no surviving lineal descendants, father or mother, the decedent's property passes "to the decedent's brothers and sisters and the descendants of deceased brothers and sisters." In regard to Margare...

...representative and directing that all funds be placed into the court depository. In March 2012, the Petitioners, who all reside in Austria, filed a Petition for Determination of Heirs, asserting that they are the Decedent’s half-sisters,1 and therefore, pursuant to section 732.103, Florida Statutes (2011),2 they are each entitled to 25% of the Decedent’s intestate estate, while Ulrike and Rudolf are each 1 The Petitioners assert that they share the same father, but have different mothers. 2 Section 732.103 provides, in relevant part, as follows: Share of other heirs.—The part of the intestate estate not passing to the surviving spouse under s....

...ion itself. 22 Therefore, the Petitioners will be barred from attempting to establish that they are the Decedent’s heirs and are thus entitled to a significant portion of the Decedent’s estate under section 732.103 of the Florida Statutes....

...probate action, and because the Connecticut probate court has accepted administration of the holographic will, the Decedent’s estate may be distributed to Ulrike and Rudolf while the Petitioners are barred from asserting their rights to the estate here in Miami-Dade County under section 732.103....

...cedent who is entitled to receive property under the laws of intestacy. See id.; Department of Health and Rehab. Serv. v. Trammell, 508 So.2d 422 (Fla. 1st DCA 1987). In this case, Monks was the decedent's sister and only heir under Florida law. See § 732.103, Florida Statutes (1989) (sisters entitled to inherit under intestate succession)....

...Section 733.301(b), Florida Statutes, provides the preference for appointment of a P.R. for intestate estates, stating that, if there is no surviving spouse, "[t]he person selected by a majority in interest of the heirs" is to be appointed personal representative. Section 732.103, Florida Statutes, provides the method of descent for intestate estates where there is no surviving spouse and section 732.103(5) states that where the deceased has no kindred, the estate shall be distributed to the kindred of the decedent's last deceased spouse as if she had been survived by him and then died intestate. In this case, all of the potential heirs were descendents of the decedent's spouse, Ned Cooper, including the Coopers as his adopted children, Kelly and Greene as his great-niece and great-nephew, and Braithwaite as his niece. Under section 732.103(5) and (1), the entire estate would descend to Ned Cooper's lineal descendents, Ronald Cooper and Virginia Cooper, whereas Kelly, Greene, and Braithwaite would not be entitled to share in the estate....

...This appeal presents the issue of whether a decedent's devise of her homestead to her granddaughter is exempt from forced sale under article X, section 4(b), Florida Constitution, when the decedent's adult son, entitled to take as heir by intestate succession under section 732.103, Florida Statutes (1993), survives....

...Davis, is the personal representative of the decedent's estate. He seeks to sell the homestead property to satisfy creditors' claims, to fund specific bequests, and to pay the costs of administration. He contends that the decedent's surviving child, Milo Snyder, is the decedent's sole heir under the terms of section 732.103 and, because the homestead was not devised to Milo Snyder, the property is not exempt from forced sale to pay claims of creditors, costs of administration, and specific bequests....

...Bartelt, 579 So.2d 282 (Fla. 3d DCA 1991). The question therefore is simply whether Kelli Snyder, the devisee of the homestead, is an heir as contemplated by article X, section 4, of the Florida Constitution and as defined in sections 731.201(18) and 732.103....

...ccession. See, e.g., Arnold v. Wells, 100 Fla. 1470, 131 So. 400 (1930). If Betty Snyder had died intestate, Milo Snyder would have inherited everything as her "heir," i.e., next lineal descendant in line, and Kelli Snyder, under any construction of section 732.103, would have inherited nothing....

...to the property" of Betty Snyder. Under Kelli Snyder's interpretation, the exemption from forced sale could conceivably inure to persons distantly or remotely related to the decedent, e.g., "the kindred of the last deceased spouse of the decedent," section 732.103(5), even if they would not be entitled to take the property of the decedent under intestate succession because lineal descendants closer in consanguinity to the decedent survived....

...f her expiration she leaves neither a spouse nor minor child. Accordingly, we affirm the trial court's decision. NOTES [1] We acknowledge the stepdaughter's claim that she is an alternative contingent heir under the laws of intestate succession, see § 732.103(5), Fla....

...sponded affirmatively stating that Vargas was the only person who took care of her when she needed help. Finally, while Dorothy Elson, Oliver's sister-in-law, could be considered to be within the general parameters of the testatrix's natural bounty, § 732.103(5), Fla....

...h qualified as a "legally authorized person" as that term is defined in Florida Statute section 497.005(37). In finding that both were legally authorized, Florida Statute section 406.50(4) directs that priority to the remains pass in accordance with section 732.103 of the probate code. Under section 732.103, the lineal descendants of the decedent have priority....

...r of any person in a higher priority class. In the event more than one legally authorized person claims a body in the custody of the medical examiner for interment, section 406.50(4) provides that the requests shall be prioritized in accordance with section 732.103. Florida Statute section 732.103 of the Florida Probate Code provides that the part of the intestate estate not passing to the surviving spouse under section 732.102, or the entire intestate estate if there is no surviving spouse, descends first to the lineal descend...

...605, 607 *424 (Fla. 1918). Heirs are defined in Section 731.201(18), Florida Statutes, as "those persons, including the surviving spouse who are entitled under the statutes of intestate succession to the property of a decedent." Among the heirs listed in Section 732.103, Florida Statutes, are lineal decedents, fathers and mothers, brothers and sisters, and grandmothers and grandfathers....

...ef that the property was exempt homestead that descended to them both sheltered by that protection. The probate court ruled that because Ms. Cairo is a lineal descendant of Mrs. Traeger, Ms. Cairo occupies a higher class under the intestacy statute, section 732.103(1)-(5), [2] *1190 than does Mr....

...NOTES [1] A condominium may qualify as a homestead. See Southern Walls, Inc. v. Stilwell Corp., 810 So.2d 566, 571 (Fla. 5th DCA) (citing King v. King, 652 So.2d 1199 (Fla. 4th DCA 1995)), review denied, 829 So.2d 919 (Fla.2002). [2] The intestacy statute, section 732.103, Florida Statutes, provides the following hierarchy of classes of people who are entitled to property if the decedent dies intestate: The part of the intestate estate not passing to the surviving spouse under s....

...tated above. (5) If there is no kindred of either part, the whole of the property shall go to the kindred of the last deceased spouse of the decedent as if the deceased spouse had survived the decedent and then died intestate entitled to the estate. § 732.103, Fla....

...re entitled under the statutes of intestate succession to the property of a decedent." § 731.201(18), Fla. Stat. (2006). If the decedent has no spouse or lineal descendants, his heirs by intestate succession are his parents or the survivor of them. § 732.103, Fla....

...). The trial court appointed an attorney/guardian ad litem for the minor child. The attorney/guardian asserted that the will was invalid in Florida, making the minor child the only beneficiary of the Florida property under the laws of intestacy. See § 732.103 (providing that if there is no surviving spouse, entire intestate estate passes to decedent’s descendants)....

...The trial court refused to give full faith and credit to the Colorado order admitting the will to probate because section 732.502(2) does not recognize holographic wills, even if they are valid in the state where executed. As a result, Mr. Payne’s Florida estate will pass to his minor child. See § 732.103 (providing that if there is no surviving spouse, entire intestate estate passes to decedent’s descendants)....

...Litman apparently received the majority of his wife's property through intestacy or joint ownership. See § 732.102, Fla. Stat. (1989). Unless Mr. Urick is regarded as a lineal descendant of Mr. Litman, he is not entitled to a share of Mr. Litman's estate, and the estate will pass to Mr. Litman's collateral heirs. § 732.103(1), Fla....

...As recently as 1985, the doctrine of virtual adoption was described as a "rarity." In re Hodge, 470 So.2d at 741. As family structure becomes less traditional, it is likely that the time-honored rules of intestacy will frequently fail to accommodate a decedent's true testamentary intent. It is possible that section 732.103 could be amended to grant an intestate share to stepchildren of long-term marriages even when those children have not been legally adopted....

...n the class of persons who could be a beneficiary of the decedent under the laws of intestacy. Snyder v. Davis, 699 So.2d 999 (Fla.1997); In re Estate of Hamel, 821 So.2d 1276, 1279 (Fla. 2d DCA 2002). The decedent's daughters meet this requirement. § 732.103(1), Fla....

...Moore v. Morris, 475 So.2d 666 (Fla.1985); Copeland v. Fla. New Invs., Corp., 905 So.2d 979, 980 (Fla. 3d DCA 2005). The Appellants had presented affidavits asserting that all of the decedent's heirs above them in the statutory hierarchy had died, § 732.103, Fla....

...Rather, the court held "that the constitution must be construed to mean that a testator, when drafting a will prior to death, may devise the homestead (if there is no surviving spouse or minor children) to any of that class of persons categorized in section 732.103 (the intestacy statute)." Id....

...nd maternal grandparents, aunts and uncles, and the descendants of the aunts and uncles; (5)"the kindred of the last deceased spouse of the decedent as if the deceased spouse had survived the decedent and then died intestate entitled to the estate." § 732.103(1)-(5), Fla....

...2006)). Under Florida law, “[a]ny part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs,” Fla. Stat. § 732.101(1), which includes “the descendants of the dece- dent,” id. § 732.103(1)....

...As noted above, under Florida Statute § 732.101(1), “[a]ny part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs,” which includes “the descendants of the decedent” under Florida Statute § 732.103(1)....

...me of her expiration she leaves neither a spouse nor minor child. Accordingly, we affirm the trial court’s decision. . We acknowledge the stepdaughter’s claim that she is an alternative contingent heir under the laws of intestate succession, see § 732.103(5), Fla.Stat....

...rs. Murphy. With this information, but still without convening an evidentiary hearing, the probate court entered a Final Order Determining Beneficiaries and Respective Shares on July 28, 2014, implementing an intestate succession plan pursuant to section 732.103, Florida Statutes (2006)....

...rs. We agree with Mr. Faskowitz that the trial court erred in concluding that one-half of the estate is unclaimed property that may be subjected to escheat to the State. The trial court’s ruling on this point is inconsistent with the provisions of section 732.103, Florida Statutes (1999), concerning the descent of an intestate estate. Under section 732.103(4)(c), “[i]f there is no paternal kindred or if there is no maternal kindred, the estate shall go to such of the kindred as shall survive.” Pursuant to this provision, in the absence of any maternal kindred of Irving Faskowitz, his paternal kindred — namely, the appellant and his sisters — are entitled to inherit the whole estate. The State does not have a right to half of an intestate estate when there are lawful heirs under section 732.103. The two specific provisions of the Florida Probate Code governing the es- *393 cheat of estate property — sections 732.107 and 733.816 — do not in any way displace the rule of descent set forth in section 732.103(4)(c)....

...Section 732.107(1) simply provides that “[w]hen a person leaving an estate dies without being survived by any person entitled to it, the property shall escheat to the state.” 1 Here, the paternal kindred have established their status as lawful heirs under section 732.103(4)(e)....

...ny person entitled to it” — does not exist in this case. Similarly, the provisions of section 733.816 concerning the disposition of unclaimed property held by personal representatives do not defeat the rights the paternal kindred here have under section 732.103(4)(c)....

...o escheat because it is not subject to intestate succession has no application to property that is unquestionably subject to intestate succession. Since there is no basis for escheat of property where lawful heirs have established their status under section 732.103, we hold that the trial court erred in determining that one-half of the estate is subject to the provisions of section 733.816....

...controlling and the property must pass according to the law of intestate succession. In Re Stephan’s Estate, 194 So. 343 (Fla.1940); In Re Lubbe’s Estate, 142 So.2d 130 (Fla.2d DCA 1962); Section 732.101(1), Florida Statutes (1979). Pursuant to § 732.103, Florida Statutes (1979), the lineal descendants of the decedent take the entire intestate estate if there is no surviving spouse....

...Nelson's claim that Property Solutions failed to preserve the notice issue for appeal. 4 the property thereby devised." Fla. Prob. R. 5.510(d). This includes intestate heirs. See § 731.201(2), (23), Fla. Stat. (2024); § 732.103, Fla. Stat....

...to one-half of the intestate estate when the decedent is also survived by children that are not also children of the surviving spouse. § 732.102(3), Fla. Stat. The remaining portion of the intestate estate passes to the descendants of the decedent. § 732.103(1), Fla....

...§ 731.104, Fla. Stat. Verification of documents. § 731.201(33), Fla. Stat. General definitions. - 14 -  § 731.301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 732.103, Fla....

PER CURIAM. Mary Fagan claims that she is the only lineal descendant of the decedent, Ruth Emma Lee, and is entitled to inherit Lee’s entire estate under section 732.103(3), Florida Statutes (2000)....

602(1) and 733.608(3), Fla.Stat. (1981). Under section 732.103(1), Florida Statutes (1981), the son and daughter

...§ 733.301(2) provides that preference in granting letters of administration in intestate estates is for the heir nearest in degree to the deceased. The heir nearest in degree to *169 the deceased, Yvonne Johnson, is her son, DANNY EUGENE KNIGHT, II, See F.S. § 733.201(18) [731.201(18)] and § 732.103....

intestate estate pursuant to section 732.102 or section 732.103, Florida Statutes, may by affidavit request

parents are the heirs at law to this estate. See § 732.103(2), Fla.Stat. (1993). The parents would also have

...(3) has been deceased for more than 1 year; and (4) no administration of the decedent’s estate is pending in this state. (b) Affidavit. Any heir at law of the decedent entitled to a share of the intestate estate pursuant to section 732.102 or section 732.103, Florida Statutes, may by affidavit request distribution of assets of the decedent by affidavit....

...his code," and argues that because no one can locate the people to whom one half of the estate should go, the will does not effectively dispose of that portion of the estate. Hence, as the sole heir at law he is entitled to receive those funds under Section 732.103(1), Florida Statutes (1977)....

...He has two adult children in Texas from his first marriage. His second wife was Renee Long; they have three minor children together. Because Mr. Long was unmarried at the time of his death, his five children from his two marriages are his only legal heirs for purposes of intestacy. See § 732.103, Fla....

...decedent’s death is the event that vests the heirs’ right to the intestate property); § 732.102, Fla. Stat. (2016) (setting forth the intestate share of the surviving spouse depending on whether the decedent and/or surviving spouse have any surviving descendants); § 732.103, Fla....

...Both parties contend that the term refers to persons who would be intestate heirs of the decedent, as defined by the laws of intestate succession. Skiles argues that, because she falls within the class of persons eligible to inherit from Hinterleiter under Florida's intestate succession law, i.e., section 732.103, Florida Statutes (1995), she is an "heir" for purposes of the above-quoted provision of the constitution....