New Year’s Resolutions: What happens if you don’t get around to making a Will in 2017?

  • Posted by Bruce McDonald
  • January 23, 2017
  • (0) Comments

By Katie White

2016 saw the loss of some of our favorite entertainment icons- Debbie Reynolds, Carrie Fisher, Prince, to name just a few.   These losses cause many people to think about estate planning.    Most years, we get calls early in the year from clients who have put off doing their estate planning, and they once again commit to getting it done in the new year.  Some of them follow through, and some do not.   But what happens if you die in Florida without a Last Will?

A lot of people think that “the State” gets a portion of your assets if you die without a will, which is not the case.  Florida has very detailed “default” rules outlining who inherits in probate estates where there is no Will.  In most cases, the spouse inherits first, with some exceptions if the spouse is not the parent of the surviving children.  If there is no spouse, then the children typically inherit, including any grandchildren of a pre-deceased child.   There are many questions to ask to determine who inherits when there is no Will, and it is important to have those conversations with an experienced probate attorney.   A probate can easily be done without a Will, and it does not necessarily mean higher costs or more complications.  We are here to guide you through the maze of Florida probate, at a reasonable cost and not a percentage fee.  See our video here https://vimeo.com/12050008 about not paying 3%, and contact us at http://www.statewideprobate.com today for a free consultation about probate administration throughout Florida.