Estate Planning in Florida: Preserving Your Legacy Over the Holidays with Nick Carryl, Esq.
If you pass away in Florida without a Last Will and Testament, your assets will be distributed to your closest relatives according to state laws of “intestate succession.” To better understand what this means, we have prepared the following guide. In it, we will go into detail about who inherits in Florida if there is no Will.
No Will: What Happens To Your Stuff In Florida?
If you pass away in Florida and do not have a Will, your probate assets will be distributed under the laws of intestacy.
| When You Pass Away, If You Have | Who Gets What? |
| A spouse but no descendants | The spouse gets everything |
| Children but no spouse | The children will get everything |
| A spouse and descendants with that spouse, and the spouse has no other descendants | The spouse gets everything |
| A spouse and descendants from you and that spouse, and the spouse has descendants from a previous relationship | The spouse gets half of the intestate property Your descendants get half of your intestate property |
| A spouse and descendants from another relationship | The spouse gets half of the intestate property Your descendants get half of your intestate property |
| Parents but no descendants or spouse | Your parents will get everything |
| A brother or sister but no parents, spouse, or descendants | Your siblings will get everything |
Can Florida Get My Property if I Have No Will?
For the state to keep your property after you pass away, which is referred to as escheat, your line of succession must be pretty much extinct. This means that if there are any surviving blood relatives, they will be entitled to inherit your property before the state does.
However, to better understand these options, consider reviewing your situation with an experienced Florida estate planning lawyer. These legal professionals can review your situation in detail and go over what would happen if you pass away without a Will in Florida.
Should You Create a Will?
Although there are laws in place that can help distribute your assets after you pass away, even if you do not have a Will, this does not guarantee that your possessions will be distributed according to your wishes. That is why having a Will is so advantageous, regardless of age, financial wealth, or marital status. This is because a Will can:
- Appoint a guardian for minor children
- Detail funeral and burial desires
- Make sure that possessions go to specific individuals
- Allow you to assign the individual who will oversee and manage the distribution of your estate
- Expedite the legal process involved with settling an estate
- Reduce confusion, stress, and family disagreements
Contact Carryl Law Firm Today
At the Carryl Law Firm, we are committed to guiding you through the intricate process of estate planning and probate in Florida. Our goal is to ensure that your wishes and those of your family are fulfilled. If you have any questions regarding who inherits in Florida or want to learn more about estate planning, contact the Carryl Law Firm by calling us at 954-882-4386 to discuss your case today.