What happens in Florida when there is no will?

Our firm is currently handling what has become a lengthy probate litigation over the estate of a man who passed away “intestate” in Florida, that is, without a will.  When a loved one dies without a will, many of the wishes of the decedent remain unknown, and the inheritance of their estate usually ends up being decided by a court.  That is why having a will in Florida Probate Law is so important.

What can you do with a will in Florida?

1. You decide who gets your property instead of the law making the choice for you.
2. You may name the Florida personal representative (executor) of your will as you choose, provided the one named can qualify under Florida law. A personal representative is one who manages an estate, and may be either an individual or a bank or trust company, subject to certain limitations.
3. A trust may be created in a will whereby the estate or a portion of the estate will be kept intact with income distributed or accumulated for the benefit of members of the family or others. Minors can be cared for without the expense of proceedings for guardianship of property.
4. Real estate and other assets may be sold without court proceedings, if your will adequately authorizes it.
5. You may make gifts, effective at or after your death, to charity.
6. You decide who bears any tax burden, rather than the law making that decision.
7. A guardian may be named for minor children.

When you neglect to create a will, not only do you subject your loved ones to a long, drawn out legal process, you miss out on the opporunities listed above.  You fail to have your wishes heard.

See http://www.pankauskilawfirm.com/ for videos and information on Wills in Florida, Florida Probate Law, Estate Planning, and Estate Administration in Florida.