When someone dies, their estate goes through a legal process known as probate. During this time, the heirs to the estate must take steps to ensure that they receive what is rightfully theirs. In Florida, there are specific laws in place that dictate how the probate process works and what rights the heirs have. If you are an heir yourself or helping someone who is, here’s what you need to know.
Who counts as an heir in Florida?
Determining the legal heir to a descendant can become complicated, especially for unique families. For example, if you belong to a blended family, the court will look at the measures your parents or guardian took to make you their heir. If you were legally adopted, then according to Florida intestacy law, you count as an heir.
Stepchildren and wards do not qualify as heirs in Florida. If the descendant didn’t include you in their estate plan, you would most likely miss out on the property passed on. Thus, it is important to talk about estate planning with your grantor before they become incapacitated or die in order to know what they have in plan for you.
Rights heirs have to the estate
Florida has no inheritance or estate taxes. However, if you are a resident in Florida and the property you are inheriting is in another state, then you will pay estate taxes as demanded by that state’s laws. In addition, if the property’s value is above $12,060,000, for the 2022 federal estate tax exemption, then you will owe the federal government estate taxes.
It’s important to note that being an heir doesn’t mean that you will receive part of the estate. The decedent could intentionally exclude you from their will. However, if you are a child under the age of 18, your parent cannot disinherit you.
If you are an heir, it’s only fair that you get what you deserve. The best way to make sure of this is to understand your rights and how the unique situation may affect you.