What Happens if You Die Without a Will in South Florida?

This is not an everyday topic of discussion, but it’s one that goes through our minds as we age: What happens to your property if you die without a will in South Florida?

First of all, if you don’t already have a will, you should. If you pass away without one, your loved ones will have to go by the rules of the Florida legislature – these are the rules of “intestate succession”.

South Florida Rules of Intestate Succession

If you’re married when you pass away, then your husband or wife will get your estate. If you have kids with your spouse, then it is expected that your spouse will provide for your kids. However, they are not obligated to do so.

If you or your spouse have kids from other relationships, then your spouse will get half of your entire estate.

What Happens to Property My Spouse Does Not Inherit?

  • Your descendants get all of your property. These people include your kids, your grandchildren, and your great-grandchildren.
  • If you don’t have descendants, then your mom and dad keep your property.
  • If you do not have descendants or living parents, then your brothers and sisters and/or their children get your property.
  • If you don’t have descendants, living parents, or brothers or sisters, then half of your property will be distributed to your mom’s side of the family. The other half will be distributed to your dad’s side of the family.

In some circumstances, none of these points apply. Your property will go to the state of Florida – if there is still property to be distributed. The best scenario for both you and your loved ones is to make a will – so that you have the power, the control, and the security of knowing that everything will be distributed as you wish.

The Ticktin Law Group Will Help You Plan

Start your estate planning now with the help and guidance of our experienced lawyers at The Ticktin Law Group. We will work with you to write a will and prevent you from dying intestate. For a free consultation, or to learn more about our legal services, call (561) 232-2222 or complete our contact form here.

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