What Happens if You Die Without a Will? 01/30/2012
If you die in Florida without a last will and testament or the Courts refuse to recognize your last will and testament because of some defect, the Court may transfer your property to others through the process of intestate succession. Intestate succession is “the method used to distribute property owned by a person who dies without a valid will.” Black’s Law Dictionary 687 (3d pocket ed. 2006). Florida statutes provide the means for distribution of your property to others. Distribution depends in part on your family structure, the type of assets you own, how those assets are titled, as well as other important considerations. The following are a few examples of how a Court may divide your property if you die without a last will and testament: 1. If you are married with children (and all of your children are your spouse’s children) at the time of your death, your spouse will generally receive the first $60,000 of your property plus half of the remaining property. Your children will equally split the other half of the remaining property. 2. If you are married with children but some of your children are not your spouse’s children, then your property will be divided 50% to your spouse and the rest evenly divided between your children. 3. If you are married without children, your spouse will receive 100% of your property. 4. If you have children and you are unmarried, your children would equally split your property. It is important to note that some of your property may be exempt or spent prior to distribution and will not be included in the above analysis. Exempt property may include homestead property, an allowance to assist the family during the probate process, household furnishings, personal vehicles, tuition programs, as well as other property. The Court does not consider exempt property when determining property distributions. There are many issues that you should consider when planning your estate. In addition to the above, your children may be unable to handle their own finances and a trust may be an appropriate vehicle to protect assets you leave to them. A last will and testament is a good way to plan for distributing your property, paying probate expenses, and appointing a personal representative to handle your estate during the distribution process. Without a last will and testament, the Courts determine how to distribute your estate by looking to Florida statutory laws. CommentsLeave a Reply | Thomas F. Baker II, P.A.Thomas Baker is an attorney in south Florida servicing both individuals and businesses throughout Miami-Dade and Broward Counties. The information contained on this website is for informational purposes only and to describe some of the services Thomas F. Baker II, P.A. provides. The information contained on this website may not be considered nor relied upon as legal advice.
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