Tampa Probate - Probate in Florida
What happens when someone dies and leaves no will? In Florida, the Florida Probate Code provides a "blueprint" of sorts for the distribution of assets when a Florida resident dies intestate (without a will). Commonly known as the Intestate Succession laws, it describes how the assets of an estate should be distributed. A Tampa probate attorney can answer specific questions about the process of probate and the rules of intestate succession as they apply to your situation, but in general the following rules apply to estates that are handled without a will.
If there is a surviving spouse and no lineal descendants - children, grandchildren, great grandchildren - the surviving spouse inherits the entire estate.
If there is a surviving spouse and lineal descendants, all of whom are lineal descendants of both the decedent and the surviving spouse, the first $60,000 of the probate estate and half the remainder go to the spouse, and the remaining half is shared among the lineal descendants.
If the decedent leaves a spouse and one or more lineal descendants, one or more of whom are not also the lineal descendants of the surviving spouse, the spouse receives one half the estate and the remaining half is shared among the lineal descendants.
If there is no surviving spouse, but there are lineal descendants, the estate is shared among the lineal descendants, with the shares broken at the children's level. If any of the children are deceased, the deceased child's share is split among his or her lineal descendants.
If the decedent leaves behind no spouse or lineal descendants, the entire estate goes to his or her parents; or if they are deceased, to his or her brothers and sisters and descendants of his brothers and sisters. If none of those survive the decedent, the law provides further guidelines for disposition of the property.
While this is often precisely the way that many people would have their assets distributed, you may have different plans, or there may be reasons that you want assets to be distributed differently. If you have a disabled child, for instance, an inheritance may well affect his or her eligibility for necessary health benefits. A Tampa probate lawyer can discuss ways of setting up a trust that can hold assets for your child without affecting the benefits that he or she requires. Your will can also designate other arrangements to reduce the amount of taxes that your beneficiaries might otherwise face. Your house, for example, can be held in trust for your children on the condition that your surviving spouse retains tenancy for the remainder of her life.
If you have no will, or want to review the terms of your will, consult a Tampa Probate Lawyer for advice on estate management for your personal situation.
Don't forget or neglect to execute a proper Will, so that your own wishes may prevail.
