Statewide Probate E-News Fall 2006
When do grandchildren inherit a share and when do they
not, when there is no Last Will?
Intestate succession (no Will) is “per stripes” (by the
roots) but the “root search” stops when it finds an heir. This
means that if a property owner dies unmarried with three
surviving children who each have one child but the property
owner also has a predeceased child who left one surviving child
(who is therefore the grandchild of the property owner), then
the Florida property is now owned by four persons. Each
surviving child owns 25%, and the grandchild whose parent is
dead owns 25%. The grandchildren whose parent is alive inherit
nothing.
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