What happens if I die without a trust?
If you die without a trust in the state of Florida, then your assets and property will be distributed according to Florida’s laws of intestacy. Intestacy is a set of laws that govern how a person’s estate is distributed if they die without a will or trust. It does not matter if there has been any verbal or informal agreements made during the person’s lifetime; those agreements will not be followed without a legal document in place. Under Florida’s intestacy laws, the court will distribute the estate in the following order: First, the spouse receives the deceased person’s entire estate if there are no living descendants, such as children or grandchildren. If the deceased had children, the spouse receives the first $60,000 of the estate plus ½ of the remaining balance. The remaining ½ of the estate is split between the deceased’s children. If the deceased had no spouse or descendants, then the property will be split between surviving parents, siblings, nieces, nephews, and other family members. If no family members can be found, then the estate intestate will pass to the state of Florida. Therefore, it is important to either create a comprehensive will or trust to ensure that your assets and property are distributed according to your wishes. Without one, the court will determine how your estate is distributed and it could even be passed to the state. To avoid this, it is best to speak with an estate planning lawyer who can help you create a plan that will protect your estate and provide for your loved ones after you are gone.
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