WHEN THERE IS NO TRUST OR WILL: INTESTATE ESTATES
The word “intestate” simply means that a person passed away without having a legally valid Will. A Will is also called a “Testament” or “Last Will and Testament.” Hence, not having one means passing away “intestate.”
Who Inherits when there is no Will?
Surviving Spouse’s Share
The surviving spouse’s intestate share depends on whether the decedent had children, and on the existence of stepchildren. Case #1: No children of the decedent, the surviving spouse gets 100%. Case #2: All joint children and no stepchildren, then the surviving spouse gets 100%. Case #3: If the decedent had stepchildren OR the surviving spouse had step children, then the surviving spouse gets 50%.
ALERT: The above is Florida intestacy law only; other states have different rules.
ALERT: Besides an intestate share, the surviving spouse in Florida may possibly also have legal rights in the home, in exempt property and family allowance payments.
Share for Relatives Other than Spouse
The portion of an intestate estate not passing to a spouse generally goes to the closest relatives. Consult an attorney for to determine the exact persons entitled to the non-spouse intestate share (if any, if the spouse’s share is 100%, then non-spouses get 0%). However, a brief description is: Children, if none to grandchildren or even further remote lineal descendants. If none to father or mother; if none to brothers and sisters. If none to descendants of brothers and sisters. If none of those either, then start tracing through grandparents and descendants thereof.
ALERT: The above is Florida intestacy law only; other states have different rules.
