With the state of Florida’s intestacy laws, your assets may not be distributed in the way you particularly desire. Rest assured, a valid and enforceable estate plan is the best way to sidestep this process. Read on to discover how intestate succession works and how a seasoned Broward County wills lawyer at The Probate Lawyers can help you avoid this.
Why is it important to establish a will in the state of Florida?
When creating a will, you first designate an individual whom you trust to serve as your executor. You then disclose your wishes for how your property is to be distributed, and to whom. Upon your passing, your estate will enter probate court and your executor will be summoned. Your executor will then manage your assets and disperse them as you desire.
Essentially, none of this is possible without a valid and enforceable will. In other words, if you die without a will, or your will is otherwise deemed void, then your property will enter intestate. And with intestate, there is a certain succession for who inherits your estate. For example, say that you wanted your grandchildren to inherit your home. Well, with the state of Florida’s intestacy laws, this may not be possible if you have a surviving spouse or child.
How does intestate succession work in the state of Florida?
No family dynamic is identical to the next; and oftentimes, they are difficult to navigate. Without further ado, below is a brief outline of how intestate succession may be carried out by the Florida courts:
- If you have surviving children but no spouse: then your children will inherit your entire estate.
- If you have a surviving spouse but no descendants: then your spouse will inherit your entire estate.
- If you have a surviving spouse and descendants from you and your spouse: then your spouse will inherit your entire estate.
- If you have a surviving spouse and descendants from you and your spouse, along with your spouse having descendants from another relationship: then your spouse will inherit half of your estate and your descendants will inherit the other half.
- If you have a surviving spouse and descendants from another partner other than your spouse: then your spouse will inherit half of your estate and your descendants will inherit the other half.
- If you have surviving parents but no spouse or descendants: then your parents will inherit your entire estate.
- If you have a surviving sibling but no spouse, descendants, or parents: then your sibling will inherit your entire estate.
If you have different intentions for your estate, then there is no time like the present for establishing a will. Reach out to a competent Broward County estate lawyer from The Probate Lawyers today.
