What Happens If You Die Without a Will?
Are you one who thinks only the very wealthy or people with children need wills? To protect your loved ones if something happens to you, it is profoundly important to have a will that dictates how you want your estate distributed upon your death. A properly drafted and executed will ensures that your assets will be distributed according to your wishes.
Are you one who thinks only the very wealthy or people with children need wills? To protect your loved ones if something happens to you, it is profoundly important to have a will that dictates how you want your estate distributed upon your death. A properly drafted and executed will ensures that your assets will be distributed according to your wishes.
Dying without a will is referred to as dying “intestate.” Conversely, dying with a will is called dying “testate.” If you die intestate, your assets will be distributed according to Florida Law to your legal heirs. The intestate statutes set out a rigid formula for judges to distribute assets to family members to avoid a situation where the deceased person’s assets end up with the state. Essentially, intestate succession is a backup plan used by the courts to distribute assets when the intent of the deceased is not known. In essence, if you don’t have a plan, you can be assured that the state of Florida has one for you. In some situations, you may be satisfied with the plan that the lawmakers crafted for you. However, you may be one that has other ideas that are different from state law. In other situations, you may want to create a will to tweak the plan and make it custom to your intent and desires.
Children who were conceived but not yet born by the time the deceased passed away will also receive an intestate share. However, foster children and step-children are not eligible for an intestate share unless before death, the deceased adopted the child. Along those lines, children whom the deceased put up for adoption and were adopted will not be considered the decedent’s children under the intestate laws. The exception to this is when a step-parent legally adopts their spouse’s child, in which case that child will not be disinherited from their biological parent’s estate.
If you are interested in discussing how we can assist you in creating your Last Will and Testament and other Estate Planning documents, to protect yourself and your assets, please visit our website at www.ConsultLawOffice.com or call us at (407) 843-9901 to schedule a consultation to speak with one of our attorneys.
Anderson and Associates, P.A.
225 N. French Ave.,
Sanford, FL 32771
Phone: 407-843-9901
Info@ConsultLawOffice.com