If you die without a will, things can get tricky and complicated. While you might have planned to leave a will, you might not have ever started one or the thought of having one made left you feeling uncomfortable. When you die and you don’t have a will, things get a lot more complicated for your loved ones because they can’t handle your estate. They will need to go to a lawyer for estate planning attorney jacksonville fl.
Without a will, the legal system is going to have to name your heirs and distribute your estate for you, which is why you want to have a will, even if the thought of one makes you uneasy. In Florida, the intestate rules are fairly straightforward. If you are married when you die, your spouse is going to receive everything. If your spouse had children that were not part of the marriage, your spouse will get half of the estate and your spouse’s children will divide what is left.
If you are a widower and you die, the children you had with your spouse will equally divide the estate. If one of your children has died, the children of your deceased child will split the estate. If all of your children are dead when you die, your children’s children will divide up the estate.
If one of your family members was involved in murdering you, they are automatically disqualified and ex-spouses are not eligible to inherit anything from you either. When you die without a will, your heirs will have to go to court to get the legal process started. They will also need to hire a lawyer. Another downside of not having a will is that your heirs are going to have to go through probate which can take months, so your assets are going to be tied up during this period.
The best course of action is to make sure that you have a will when you die, so you can spare your family of having to go through the courts to claim their inheritance. They will already be struggling with grief and this puts an additional burden on them. While intestate succession Florida is clear, it is much better to avoid the entire process to begin with. Taking the time to write out a will will save your family time, money and heartache after you die.