What to Know About Florida’s Inheritance Laws
Martin and Palm Beach County Estate Planning and Estate Litigation Attorneys
The purpose of our state’s inheritance law is to maintain the legal rights of Floridians regarding the distribution of assets and monies after a loved one has passed. The State of Florida levies neither estate nor inheritance taxes of its own.
Inheritance law in Florida is complex, and its appropriate application in each individual case rests upon a number of factors.
Among those factors are:
- Is homestead property part of the decedent’s estate?
- Do any assets have ‘POD” or “TOD” (pay on death/transfer on death) beneficiaries named?
- Is there a trust or multiple trusts which need to be administered?
- Are there any creditors that are owed money by the decedent?
- Did the deceased have a valid Will and/or Trust(s)?
Where are the original documents located?
Were the documents properly signed and witnessed?
Are there allegations that the documents are invalid or that the decedent was incapacitated or under undue influence at the time the documents were executed?
- If there is no valid Will, no trusts and no designated beneficiaries on accounts, then the estate follows Florida intestacy law and goes through the process of intestate succession
There are also assets that do not have to go through the probate process, such as:
- Assets placed in a Revocable Trust, which are distributed to designated beneficiaries named in the trust
- Payable on Death or Transferable on Death accounts, such as bank and investment accounts so designated
A Kitroser Lewis & Mighdoll, our attorneys and paralegal staff provide our clients with decades of legal experience in all aspects of Estate Planning, including Will and Trust creation, Business Succession Planning and strategies to avoid future probate.
Should it become necessary, we also provide vigorous, skilled advocacy in Probate and Trust Litigation, Will Contest and Inheritance Dispute litigation.
Offices in North Palm Beach and Jensen Beach, FL
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