Skip to content
Tax, SDIRAs & Cost Segregation

User Stats

2,082
Posts
1,043
Votes
Ibrahim Hughes
Pro Member
  • Real Estate Consultant
  • Bloomfield, NJ
1,043
Votes |
2,082
Posts

Florida Probate Question

Ibrahim Hughes
Pro Member
  • Real Estate Consultant
  • Bloomfield, NJ
Posted May 25 2010, 08:53

There's a property up here in NJ where the Mother passed away back in March of last year. The son (and only heir - the Mother died intestate) from Deerfield Beach, FL (Broward Co.) comes up a few months to clean up the house and apparently dies from a heart attack. He leaves behind 3 adult children and a wife who is not the Mother of the 3 children (and who apparently doesn't get along with the children).

My attorney says that the succession laws of NJ apply for the transfer of the property from the Mother's estate to the Son. Thus, despite the fact that there was never a deed from the Mother's estate to the Son's, his estate still owned the property at the time of his death.

But once it hit his estate and he died (again, according to my attorney), Florida laws apply and he's not sure if the wife is entitled to 1/2 the estate and what the actual statutes say.

Does anyone know? Is it just the kids? Wife and step-kids. He died withOUT a will, btw.