Boca Raton Intestate Administration Lawyers
When a person dies intestate, it means they passed away without a last will and testament. In these cases Florida law, and not the wishes of the deceased, will determine how their estate is administered and distributed among beneficiaries.
There are times when intestacy in Florida may be whole or partial. When it is whole, it means a person did not have a Will when they passed away. Partial intestacy means a person did not dispose of all of their assets within their Will. This often happens when portions of a Will have been deemed invalid by the court. Below, our Boca Raton intestate administration lawyers explain how the law divides assets, and more.
The Intestate Laws in Boca Raton
When a person passes away without a valid Will, Florida law dictates how their estate will be distributed to beneficiaries. These laws are as follows:
- If the deceased has no surviving lineal descendants, such as children or grandchildren, the surviving spouse receives the entire estate.
- If the deceased had descendants that are also descendants of the surviving spouse, but neither the surviving spouse nor the deceased had any other children, the surviving spouse receives the entire estate.
- In the case that the deceased had lineal descendants and a surviving spouse, but the descendants are not those of the surviving spouse, the spouse will receive one-half of the estate and the remainder of the estate is divided among the descendants.
- When a deceased individual did not have a surviving spouse but they did have lineal descendants, the estate is distributed among the descendants.
- If the deceased did not have a surviving spouse or lineal descendants, the estate is distributed among the lineal ascendants such as parents and grandparents. Collateral relatives, such as siblings and aunts and uncles, may also have a right to the estate.
- If the decedent did not have any of the above surviving family members, one-half of the estate passes to the paternal relatives and one-half passes to the maternal relatives.
Divorce or Misconduct Disqualifies Descendants
If a descendant is accused or convicted of killing the deceased or being involved in their demise, they can be disqualified from receiving any portion of the estate. A conviction is conclusive enough to disqualify an individual, but even when a conviction does not exist, an arrest or accusation might be enough to disqualify a person.
A divorce will also automatically disqualify a former spouse from receiving any share of an estate. However, when the divorce process is ongoing at the time of death, the intestacy laws will still apply, and a spouse can still receive a portion of the estate.
Our Intestate Administration Lawyers in Boca Raton Can Protect Your Estate
If you pass away without a Will, the law will dictate what happens to your assets. At Samuels Wood PLLC, our Boca Raton intestate administration lawyers can prevent this from happening so you can protect what is most important to you. Call us now at 561-864-3371 or contact us online to schedule a consultation and learn more about how we can help.