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Florida Trust and Estates Law: What Property is Not Subject to Intestate Law in Florida?

Uncategorized May 16, 2016
post about Florida Trust and Estates Law: What Property is Not Subject to Intestate Law in Florida?

In Florida probate litigation, what does dying intestate mean? What is subject to intestate succession laws in Florida? Should I dieintestate? Why not? What can I do to protect my estate Delray Beach? When should I hire anestate planning attorney? When do I need a probate litigator Boca Raton?

Dying Intestate

  • Probate lawyers know that an intestate estate in Palm Beach is any part of a decedent’s estate that is not effectively disposed of by a will in Florida.
  • The death of the decedent West Palm Beach is what vests the heir’s rights to the intestate estate.
  • Who inherits under Florida Intestacy Laws?
  • Click here to read Chapter 732 of the Florida Statutes, and learn more about Florida intestate succession and Florida wills.

Property that does NOT pass intestate

  • Many assets will not be subject to intestate succession.
  • This is because only property that would have passed through your will, property you owned alone, will pass intestate.
  • What assets will not be subject to intestate succession?
  1. Property transferred through a living trust
  2. Life insurance proceeds (since you name a beneficiary)
  3. Funds in an IRA, 401(k), or other retirement account
  4. Securities held in a transfer upon death account
  5. Payable on death accounts and
  6. Property you own with someone else in joint tenancy or tenancy by the entirety.

Want to know more about Florida probate litigation? Consider these free resources: