How should I distribute my assets if I don't have a will?

If you are a Florida resident and do not have a will in place, then your assets will be distributed according to the state’s laws of intestacy. Intestacy is a set of laws that determines who is entitled to your estate if you die without a will. In Florida, your surviving spouse is the first in line to receive part of your estate, followed by your children and then your parents. If you have no surviving spouse, then your entire estate goes to your children, and if you have no children, then it will pass to your parents. If you have no surviving spouse, children, or parents, then your estate will be distributed by the court based on how the state laws of intestacy outline. Generally, that means your estate will go to any surviving siblings, or if you have none, then to your grandparents, and then to aunts/uncles and cousins. If you have no living relatives, then the estate will become part of the state’s general fund. However, making sure your assets are distributed according to your wishes is best done through a will. A will is a document that allows you to state your wishes for who should receive your assets upon death. With a will, you have the power to disinherit certain people, designate a guardian for minor children, and even set up a trust to provide for a loved one’s care. Wills in Florida must be signed by two witnesses and are generally a very cost-effective way to provide for your family after your death.

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