Frequently Asked Questions
If you die without a will, Florida intestacy law will determine the beneficiaries of your estate. If you are married and without any children or if you are married with children only of your current marriage, your spouse will receive all of your property. If children of a different marriage exist for either you or your spouse, the surviving spouse will take one-half of the intestate estate and your children from a prior relationship will split the other half of the estate.
If you die intestate (without a will) and do not have a spouse or children, your property will go to your parents. If your parents are no longer alive, your property will go to the descendants of your parents (ie your siblings or their issue). If you do not have siblings or surviving children of your siblings (ie nieces or nephews), then the property will go to your maternal and/or paternal grandparents or descendants thereof. If they do not exist either, then their property will go to other related family members. If none of the aforementioned relationships exist, your property will pass to the state.
A living will and a Last Will and Testament differ in that the living will is not applicable after one’s death and only pertains to medical care if you are legally incapacitated. A will is only applicable after death and contains specific information relating to property and guardianship.
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