Frequently, clients ask our estate attorneys about the consequences of passing away without a will. When someone dies without a will, they leave behind what is known as an intestate estate. This means that the fate of their assets and property is determined by state laws rather than their personal wishes.
For example, if you were to pass away without a will, as a resident of Florida, then Florida’s intestacy laws would dictate the fate of your estate. These laws provide a structured framework for distributing assets.
In the absence of explicit instructions left through a will, intestacy laws establish a hierarchy of beneficiaries. This prioritized list typically starts with spouses and children and extends to other relatives if no immediate family members exist. This process aims to ensure fair and equitable distribution.
It’s essential to understand that intestacy proceedings can be complex and may result in outcomes that differ from what you might have intended. Without a will, you forfeit the opportunity to designate specific beneficiaries or allocate assets according to your preferences.
However, through estate planning, you can articulate your wishes regarding the distribution of your assets, ensuring your legacy aligns with your intentions. It presents a valuable opportunity to protect your assets, provide for your loved ones, and shape your legacy for future generations. Also, estate planning serves as a proactive measure to minimize potential conflicts and legal challenges among heirs. By clearly outlining your intentions and wishes, you can reduce the likelihood of disputes and ensure a smoother transition of assets.
Estate planning is not a one-time event but an ongoing process that should evolve alongside changes in your life circumstances and financial situation. Regular reviews and updates to your estate plan are essential to reflect any changes in family dynamics, asset ownership, or legal regulations. This ensures that your wishes will be honored.
Get our Free Estate Planning Checklist
If you are unsure how to start your estate planning journey, take a look at our handy checklist. We understand that estate planning can feel overwhelming, which is why we’ve created a simple one-page checklist to help you grasp the fundamentals and navigate the essential steps.
About Ashley Tacher, Esq.
Ashley Tacher is our Associate Attorney, specializing in estate planning and probate administration. Ashley assists clients in creating customized estate plans and guides them through probate proceedings. With unwavering dedication to excellence in both her professional and personal pursuits, she is ready to meet your estate planning and probate needs with passion and expertise. To learn more about Ashley, click here.
Talk to Our Estate Planning Attorneys
Our estate attorneys work hard to ensure that your wishes will be followed, and your loved ones taken care of when you are gone. They expertly guide individuals and families through the complex probate process and capably handle all aspects of the creation, administration, and settlement of estates and trusts. When you work with our estate planning attorneys at SJF Law Group, you get more than just an estate plan: you get peace of mind.
Our estate and probate lawyers work with clients in Plantation, Fort Lauderdale, Boca Raton, West Palm Beach, and Miami, FL. SJF Law Group provides the choice of in-person and virtual appointments across Florida, ensuring our services are accessible regardless of your location.
If you want to discuss your specific situation with one of our estate planning lawyers, contact SJF Law Group at 954-580-3690 or fill out our contact form. We take pride in responding to inquiries in a timely manner.