Medical Malpractice, Wrongful Death and Probate Law in Florida
The wrongful death victim may or may not have made a will. For claiming for wrongful death one also needs to file a probate.It is the probate law that decides how the property of the deceased is distributed. The probate in Florida refers to passing the assets of the deceased person to the heirs after having made the payment to creditors. The right of inheritance of assets is given to the person who is declared as the personal representative as per the will of the deceased. When there is no will, the Florida state law decides the personal representative.
If the deceased has a surviving spouse, the spouse is declared as the personal representative. In case the spouse disagrees to serve as the personal representative, children or a close relative is appointed as the personal representative. The distribution of assets when there is no will depends on whether the deceased has a surviving spouse, lineal heirs etc. If the deceased has only surviving spouse, all the assets are inherited by the spouse. If the deceased has spouse as well as heirs who are the children of descendent and the surviving spouse, the spouse gets first $60000 and half the property. The heirs inherit the remaining half of the property. When the descendent has a surviving spouse and heirs among whom one or more heirs are not children of the surviving spouse, half the assets are inherited by the spouse and remaining half goes to the heirs.
If there are only heirs and no surviving spouse, then the assets are inherited by heirs.
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