How much do I inherit in Florida if my dad died without a will?

How much do I inherit if my mother, who lived in Boca Raton, Florida died with no will?  This Florida probate commentary and update is not about the reading of the will. That’s right, no reading of the will in Boynton Beach because mom or died with no will.  How do you inherit from the Jupiter, Florida estate that mom took 50 years to assemble?  What if you don’t know the exact amount of the estate, how do you know you are getting what you are supposed to get?  Well, most adult children feel a sense of entitlement to a Florida inheritance. While you are not entitled to receive an inheritance from mom or dad, the one big exception is if your parentdies in Florida without a will. What estate lawyers Florida call “intestacy” or dying “intestate.”

What do I inherit if my parents did not have a Florida will?

1. So, forget about  Florida joint bank accounts and IRA’s and life insurance contracts if they name someone as the beneficiary. Unless those Florida will substitutes or beneficiary designations name the estate, the named person inherits those assets. So, if mom had a $5 Million insurance policy she bought from some broker in Boca Raton, the named bene inherits.  If dad had a 401(k) retirement account at a bank in West Palm Beach, check the beneficiary designation. If it names your sister, then sister inherits.
2. But what about the assets and money which dad or mom owned on their own? Any assets in your parent’s names will go through probate under the intestacy laws of Florida.  That’s if there is no Florida will.  And remember, when you open up a Delray Beach probate, you have to swear that a diligent search was made for possible wills.   So, look around and see if dad had a revocable living trust.  Those are game changers which will affect your inheritance.
3. So, if mom did not have a revocable living trust Florida, and dad did not have a family trust or irrevocable trust Palm Beach, start counting your money inheritance from the Palm Beach probate.
4. How much do I inherit? Well that depends on how many heirs mom or dad had and if they were married. Check out the Florida Probate Code, sections 732.101, 732.103.  And if you want to know how much your dad’s third spouse inherits, or how much mom’s 2nd husband inherits, check out Florida Probate Law 732.102.  You can read those for free by doing a simple internet search.  Just make sure you get the latest statute.
5. So, if your mom was married to your dad when he died with no Florida will, mom gets it all.  Assuming there was no prenup or waiver of widow inheritance rights Florida.  Ifdad was divorced from mom, and he did not remarry, then his descendants inherit.  If he had children, then the children inherit.  If you are the only child of dad and dad is dead and he was not married at the time of his death, you inherit the entire Florida estate.  If mom dies without a will in Florida but is married to her 2nd husband who is not your dad, then mom’s second husband gets half of the Florida estate and mom’sdescendants inherit the other half or 50% of the Florida estate.
6. How do I get my inheritance in Florida if mom or dad died without a will?  Don’t just sit there.  Open a Florida probate. Put down the mouse and the keyboard and pick up the iphone. Go get your money.