Losing a loved one is never easy, and when inheritance disputes arise, it can make a difficult situation even more stressful. If you believe you were unfairly excluded from an inheritance, that someone took advantage of your loved one, or that a will was not properly executed, you may have legal rights as an heir.
At Elderly Care Law Firm, we help heirs understand and protect their inheritance rights, ensuring that estates are handled fairly and legally.
What Are Heir Rights in Florida?
Under Florida law, heirs are individuals who inherit assets from a deceased person’s estate based on a valid will or, if no will exists, according to Florida’s intestate succession laws. Heirs typically include:
- Spouses
- Children (including legally adopted children)
- Grandchildren (if the deceased’s children are no longer living)
- Parents (if the deceased had no spouse or children)
- Siblings (if no spouse, children, or parents are living)
If there is a will, the named beneficiaries in that will usually inherit the assets. However, heirs may contest a will if they believe:
- The deceased was pressured into changing their will (undue influence).
- The deceased was not mentally competent when the will was created.
- The will was forged, altered, or improperly executed.
What Happens If Someone Dies Without a Will in Florida?
If someone dies without a will, their estate is distributed based on Florida’s intestate succession laws, which follow this order:
- If married, the spouse typically inherits everything.
- If there are children from a previous relationship, the estate is divided between the spouse and children.
- If there is no spouse or children, the estate passes to parents, then siblings, then nieces and nephews.
Heirs cannot be removed from an estate unless a valid will specifically excludes them. However, if you believe you have been unfairly cut out of an inheritance, you may have legal grounds to contest the will.
Can Stepchildren or Unmarried Partners Inherit Under Florida Law?
Stepchildren and unmarried partners do not automatically inherit under Florida law unless they are specifically named in a will. This means that if someone wishes to leave assets to a stepchild or long-term partner, they must create a legal will or trust to ensure their wishes are honored.
What Can an Heir Do If They Suspect Wrongdoing?
If you suspect that a will was altered, that someone exerted undue influence over the deceased, or that an executor is mismanaging the estate, you have legal options. You may be able to:
- Contest the will in court to prove fraud, undue influence, or lack of mental capacity.
- Request an accounting of estate assets to ensure everything is being distributed properly.
- Take legal action against an executor who is not fulfilling their duties correctly.
How Can an Attorney Help Protect Your Heir Rights?
At Elderly Care Law Firm, we help heirs:
- Ensure estates are distributed fairly under Florida law.
- Challenge fraudulent or unfair wills.
- Protect their inheritance rights from misuse or mismanagement.
If you believe your inheritance rights are at risk or need guidance on your legal options, call Elderly Care Law Firm at (305) 564-6606 today for a consultation.
