Our Florida Estate Planning Lawyers Can Help Keep Your Legacy Safe From the Effects of Intestacy Laws
You probably already know that writing a will is essential for anyone hoping to leave structured inheritances, but, if you’re anything like most people, taking the time to create and execute an estate plan is easier said than done. Unless you’re facing a life-threatening illness or have good reason to believe you’re unlikely to live much longer, sitting down with an attorney to talk about your legacy could seem like an exercise best saved for later.
Unfortunately, waiting isn’t without risk—and it could come at a steep price for your friends, your family, and your loved ones. Without a will, your estate’s future will be determined by Florida’s probate code and distributed by a Florida court.
Read more to learn about the risks of intestacy, or contact Beacon Legacy Law today to speak to an estate planning lawyer and schedule your initial consultation as soon as possible.
Florida’s Intestacy Laws
In the legal world, a person who dies without a will or a trust is somebody who is said to have died intestate. Florida, like every state in the country, has its own rules for intestate succession. These rules are detailed by the Florida Probate Code, which defines the rights of intestate heirs and determines how inheritances should be distributed.
Intestacy, as a general rule, almost always favors the deceased person’s closest living relatives.
If, for example, you were married at the time of your death, then your surviving spouse will be entitled to the lion’s share of your estate. The exact amount your partner is entitled to receive is outlined by Fla. Stat. § 732.102, which states the following:
- If you have a surviving spouse and no surviving children, then your spouse will inherit the entirety of your estate.
- If you have a surviving spouse and surviving children, all of whom “are also descendants of the surviving spouse […] and the surviving spouse has” no other children of their own, then your spouse will inherit the entirety of your estate.
- If you have a surviving spouse and one or more surviving children, and the children are not also your spouse’s, then your spouse will inherit one-half of your estate. The remaining half of the estate will be split between your children.
If you weren’t married, or your spouse passed away before you did, another section of the Florida Probate Code comes into play. Under Fla. Stat. § 732.103, your estate will go to:
- Your children, if any.
- If you had no children, then your estate will pass to your parents.
- If you had no children and your parents are no longer alive, then your estate will be divided among your siblings.
The above are only examples of the Sunshine State’s rules of intestacy, which anticipate almost every possible inheritance scenario—including scenarios where you have no natural heirs but the State of Florida!
How a Florida Estate Planning Lawyer Could Help You Avoid Intestacy
If you don’t write a will, fund a trust, or take other steps to create an estate plan, everything you’ve earned and everything you owe could be subject to Florida’s laws of intestate succession.
Since these rules are formulaic, neither you nor your family will have any say in how assets are divided among heirs. Intestacy can thereby leave your estate in the hands of:
- An estranged child
- Parents you haven’t met or spoken to in years
- Siblings who need your money much less than a close friend, a beloved relative, or a preferred charity
Even if the rules of intestacy could work to your advantage—maybe you want to leave everything to your spouse or don’t mind inheritances being split between family members—instate succession still has risks. The court will need to appoint an executor, the court will have to resolve disputes between your family members, and the court will keep a record of every complaint and petition it receives. Any minor disagreement, then, has the potential to both escalate into litigation and to be forever preserved as a matter of public record.
You don’t have to take chances with your family’s rights. Beacon Legacy Law is a fast-growing law firm that prides itself on taking a sensible approach to estate planning: our legal team could help you protect your estate from intestacy in a way that makes sense for you and for your family.