Am I Entitled to An Inheritance? A look at Florida inheritance rights and inheritance law

Can I demand an inheritance?

Must my mother or father leave me something when they die?

Florida probate law has answered this:  No.

In Florida, there are a lot of wealthy people.  Just look at the mansions and waterfront homes from Jupiter Island to Ft. Lauderdale, Weston, Parkland to Aventura.  Many rich people retire here, but increasingly, wealthy individuals are moving here before retirement.

So, if you are a son or a daughter of a Florida resident, what are your rights?  What if mom or dad leave you nothing?

Can your parents dis-inherit you? Yes.

In the Florida probate world, the world of wills, trusts and estates, any probate lawyer will tell you that you have no right to an inheritance. You have no right to demand an inheritance.

Florida probate law has a strong public policy dealing with Florida citizens and their wealth and Florida estates:   a Florida citizen may give away, or not give away, their wealth as they see fit.   There are only three requirements:  1) the way they leave their money on their death cannot offend public policy.  So, you can’t leave your money in a way that offends our senses or our sense of what is right or wrong as a society.  2) you must leave your money according to some type of written plan or document.  A will works. A trust works.  Joint accounts?  Pay on death accounts?  Just fine.  3) you must be legally competent or mentally competent when you leave your money and be free from undue influence, force or pressure.  In other words, when you leave your estate, when you make a gift, when you sign a will or a Florida trust, you know what you are doing and it’s your choice.

Want to dis-inherit all your adult children and leave everything to your 25 year old girlfriend?  Florida estate law says that’s ok.   Want to leave everything to charity?  No problem.  Want to leave 3/4 of your estate to the “good” child and leave 1/4 to the problem child?  A pleasure. Want to leave it all in a pet trust for you dog?  Florida estate law lets you even do that !

The only exceptions are the following:  your mom or dad die without a will.  In that limited case, Florida estate law has an intestacy statute: a law that tells everyone who inherits all the money.  The heirs do.   The family does.  So, if mom or dad die without a will, you, as a son or a daugther, can inherit.   Of course, you can’t dis-inherit your wife or husband unless they agree to be dis-inherited, like signing a prenup or other marital settlement agreement or property agreement.

Want to know more about inheritance law in Florida and inheritance rights?  Email michelle@pankauskilawfirm.com for a free 30 minute conference.