No Estate Plan? Let’s revisit that.

The stats are daunting, more people of all ages have no estate plan than those that do. In fact, Florida has a law that essentially writes a Will for its residents. Great, right? Maybe not – that Will may not send the assets where you want or put the right person in charge of your estate.

While Florida law has certain protections for spouses and minor children, those protections rarely extend to the entire estate. In most cases, people can leave their estate to whomever they wish. They can include or exclude people who would (without an estate plan) be a legal heir. But, those choices must all be done through a properly drafted and executed Will or Trust.

Florida law of intestate (without a Will) directs where the assets will go and who can be the personal representative of executor.

Here is a list of people, in order of inheritance, that might be included if the person had no will:

• Spouse

• Spouse and children that are minors or not spouse’s children

• Children, or children’s descendants

• Parents

• Grandparents

• Aunts and uncles

• Cousins

The list goes on until no possible living heirs can be identified. In that case, the estate “escheats” or goes to the state.

A probate judge determines who will be included, everyone in a certain class (like cousins if no one above them is living) would be included. The process of determining legal beneficiaries can become quite messy and costly. 

Without a documented plan many people the decedent would have included are left out. People who are not included under intestate laws include unmarried partners, step-children, relatives that are not biologically or legally relatives, or foster parents. A decedent may have expected to include step-children who were never legally adopted or “cousins” that were not actually cousins. But, because there was no will, those people are completely left out.