The Basics of Florida’s Intestacy Laws

The statistics show that there are far too many people that go without a will or other estate planning documents. But just because you have no will, doesn’t mean that you will avoid probate. Probate will happen if it is legally required, whether you have a will or not.

The only difference is that if you have no will, Florida’s instate laws will say who gets what.

Part Will, Part No Will

It’s worth mentioning that there can be circumstances where someone dies with a will, but not all of the property passes through the will.

For example, if someone leaves property to a relative, but at the death the relative has predeceased the person, and there is no backup beneficiary named, that property will pass by intestacy. In other words, it isn’t “all of nothing”; you can, and often do, have situations where some property passes by intestacy and some is passed via the desires expressed in a will.

So Who Gets What Under Intestacy Laws?

If you pass with a spouse, your spouse will inherit everything by intestacy laws. Even if you have children from the marriage, your spouse will inherit everything.

If you have children of another marriage however, or from another mother, your current spouse and your children will both inherit half of your estate.

If you have both kids from your current marriage, and kids from another mother, your current spouse will get half your estate, and your children will all share equally in the remaining half of your estate.

If you have no spouse, next in line is your children, who will inherit an equal share of your estate.

If you have neither a spouse nor any children, your parents will be next in line to inherit, and after that, brothers and sisters will inherit their equal share of your estate.

What Are Children?

Biological children of your spouse that are not yours, or children born out of wedlock, will not inherit anything unless there has been a legal adoption. Adoption is treated as biological children for all purposes when it comes to inheriting intestate, and any child born while you were married to the mother, will be considered yours, unless there has been some kind of judicial determination otherwise, such as with a paternity case that establishes fatherhood in someone else.

Children Born Outside of Marriage

If you have children with someone and you are not married, those children will not be considered yours, unless you have already acknowledged paternity or a court has determined paternity.

Other Relatives

The list of relatives who can inherit under Florida’s intestate laws is not just limited to immediate family like spouses or siblings or children. It can go all the way to cousins and nephews and aunts and uncles. Many times distant relatives are surprised to learn that they have inherited property from a relative who has passed away, if that relative had no immediate family.

Did someone in your family pass without a will? Call the West Palm Beach probate attorneys at The Law Offices of Larry E. Bray today for help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.108.html