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BRIEF BYTES: Question and Answer
Forum
The purpose is to answer frequently
asked or unusual questions. Topics will range from real estate,
business, litigation and trusts and estates. Your feedback
is appreciated. Direct your comments to Cherisse Roy at croy@scott-harris.com
Question: What happens to my assets if I die without a
will?
Response from Cynthia Jackson, Esq.:
 This
depends on who survives you and how they are related to you
and to each other. Florida Statutes govern what happens if
you die without a will. This is called dying intestate.
Your
lineal descendants are your children, grandchildren and so
on. Lineal descendants include legally adopted children, but
do not include stepchildren who are not legally adopted.
If
you die leaving only a surviving spouse and no lineal descendants,
your spouse will receive everything. If you die leaving a
spouse and lineal descendants, and if the lineal descendants
are also your surviving spouse's descendants, the surviving
spouse receives $20,000.00 plus one-half of the balance of
your assets, and the lineal descendants receive the rest.
If you die leaving a surviving spouse and your lineal descendants
(who are not lineal descendants of your spouse i.e. your spouse's
stepchildren or step-grandchildren, etc.) then your spouse
and your lineal descendants each receive one-half of your
estate.
If
you die leaving no surviving spouse, but leaving lineal descendants,
then the lineal descendants receive the entire estate.
If
you die leaving neither a spouse nor lineal descendants, then
your entire estate will pass to your mother and father. If
they are not alive, then your estate will pass to your brothers
and sisters and their descendants. If there are still no survivors,
then the estate is equally divided among the descendants on
the maternal and paternal sides of the family.
All
of the foregoing assumes that there is no prenuptial agreement
in place, which would affect the outcome.
To Contact Us, call (561)
624-3900. Or fax
(561) 624-3533. To correspond online, please fill
out our contact form with your comments.
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