Your Guide to Intestacy Laws in Florida
Every adult in Florida should have an estate plan in place. Estate planning is your opportunity to control what will happen to your property and your assets. What happens if there is no legally valid plan? Florida’s intestacy laws take over. Here, our St. Petersburg estate planning attorney provides a guide to the intestacy laws in Florida.
What are Intestacy Laws and How do they Work in Florida?
When a person dies without a valid will, Florida law determines how their assets are distributed. The process is called intestate succession. The law is outlined in Florida Statutes Chapter 732 (Florida Probate Code, Part I). As a broad overview, the closest living relatives inherit first.
In Florida, a surviving spouse has priority, but the share depends on whether there are children from outside the marriage. If there is no spouse or children, assets may go to parents, siblings, or more distant relatives. The goal of intestacy law is to distribute property in a way that most people would have chosen. Of course, every family is unique. The reality is that intestate succession is often completely at odds with what a person would have actually decided.
Understanding the Rights of a Surviving Spouse and Children
A surviving spouse often receives the largest portion of an estate. If the deceased leaves no children from another relationship, the spouse may inherit everything. However, if there are children from another relationship, the estate is generally divided between the spouse and the children. Children inherit equally, regardless of whether their parents were married. This can create complicated outcomes in blended families. For example, a surviving spouse may have to share the estate with adult stepchildren. Without a clear estate plan, disagreements between spouses and children are very common. There can be big problems.
You Can Avoid Being Declared Intestate: Set Up a Comprehensive Estate Plan
Florida intestate laws exist. They are important to understand. However, they are not something that actually has to apply to your estate. You have the right to decide who will inherit what. With a properly crafted estate plan, there is a lot of flexibility. Remember, being declared intestate means losing control over who inherits your property. Florida law will dictate the outcome. That means that what happens may not reflect your wishes or protect your loved ones. The best way to avoid this is to create a comprehensive estate plan. At minimum, that includes a valid will. Many Floridians also benefit from trusts, updated beneficiary designations, and powers of attorney. A comprehensive plan is best. An experienced St. Petersburg estate planning lawyer can help.
Contact Our St. Petersburg Estate Planning Attorney Today
At Fisher & Wilsey, P.A., our St. Petersburg estate planning lawyer is knowledgeable, skilled, and committed to advocating for the best outcome for clients. If you have any specific questions or concerns about Florida’s intestacy laws, please do not hesitate to contact us today for a fully confidential consultation. With an office in St. Petersburg, we serve clients across the region.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
