There are many times that someone dies without having created a will. In this case, the assets will not go directly to the state of Florida. Assets will only be taken if the person has no heirs. The state of Florida defines heirs as the people who are related to the decedent.
If someone dies without a will in the state of Florida, assets are distributed in a certain manner according to what is considered fair and just.
If a person is survived by a spouse, the spouse will receive all assets if there are no other descendents. Descendants include all generational levels from children, grandchildren, and on down the line.
If there is a spouse and one or more descendants, the spouse will receive $60,000 plus half of the estate. In this situation, all descendants must be descendants to both the decedent and their spouse. The descendants will receive the other half of the estate.
If the spouse is left along with at least one descendant that is not related to the spouse, the spouse will receive half of the estate. The descendants will then split the remainder.
Many times a decedent is not married. In this case, if there are descendants, they will get all of the estate. If there is more than one, the estate will be divided in the way that is required by Florida law. If a parent outlives a child, that child will receive estate that will go toward their will instead of going to their survived descendants.
If the decedent was not married or did not have any children, the estate will be passed to their surviving parents. If their parents are not living, it will then go to their brothers and sisters.
More remote heirs will receive the estate if no close descendants are living. This is regulated by Florida law.
All estate is distributed properly under Florida law. There are certain exceptions that include exempt personal property, homestead property, and statutory allowance. These exceptions will be taken care of in a different manner from the usual state laws. If a decedent had property that was in their name only and has a spouse, the spouse would only have use of the property for their life. The property would then go to descendants after the spouse is deceased.
Before making any estate arrangements, make sure to consult a Florida estate attorney. They will be able to inform you of the proper laws, so that your loved ones estate can be taken care of in the proper manner. It is very hard to take care of an estate after the death of a loved one. Estate attorneys understand that you want as little stress as possible and t have you case settled in a very peaceful manner. If you are more comfortable, you can research Florida estate laws before talking to an attorney so that you feel more prepared. It is always good to gain all of the knowledge that you can.
This article is not intended for legal advice.
Additional Legal Resource: Probate Lawyer Adrian Philip Thomas. Serving clients throughout Florida and Fort Lauderdale, FL. Kentucky Medical Malpractice Lawyer , Court Records, Criminal Records, Arrest Records and Police Records – CourtRecords.org , New york short sale , Law updates ,Top Laws Information , Accident claims , Trial Attorneys ,