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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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