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What happens if I die without a Will?

by | Jun 15, 2016 | Announcements, General, Law Articles, Local News |

With so much continued tragedy in the news these days I have many clients re-examining their estate planning to make sure everything is in order. They want to make sure that it passes assets to their beneficiaries the way they would want it should something happen to them. Having a valid Last Will and Testament prepared by an attorney in Florida that understands the many issues regarding Wills and probates is so important. I am always saddened to see families come in with a Will they did themselves either through an internet program or on their own. Typically it was not signed properly or did not address all issues required of a Will in Florida. If I could tell my clients one thing it would be to take the time to go see an attorney who practices in the area of Wills and Trusts to prepare or update their Will. It will most likely save your family alot of time and heartache in the end. The Florida Bar explains what happens when a person in Florida passes away without a valid Will and Testament. “If you die without a will (this is called dying “intestate”), your property will be distributed to your heirs according to a formula fixed by law. Your property does not go to the state of Florida unless there are absolutely no heirs at law, which is very unlikely. In other words, if you fail to make a will, the inheritance statue determines who gets your property. The inheritance statute contains a rigid formula and makes no exception for those in unusual need.

When there is no will, the court appoints a personal representative, known or unknown to you, to manage your estate. The cost of probating may be greater than if you had planned your estate with a will, and the administration of your estate may be subject to greater court supervision.” If I can assist you with your estate planning or Will preparation please feel free to call me at (904)366-2703 or email me at [email protected]