I Want to Leave Everything to My Spouse. Do I Still Need a Will in Palm Beach County?

If you have started researching estate planning in Palm Beach County, you may be aware of something called “intestate succession.” This process occurs when someone passes away without a Will, and it allows the probate court to control who inherits their property. This system is formulaic and predictable, and it means that your spouse is highly likely to inherit your property if you “die intestate.” If you plan to leave everything to your spouse anyway, you might conclude that you don’t need a Will. But is this really true?

How Does Intestate Succession Work in Florida?

The rules of intestate succession in Florida are fairly complex because they depend on which family members are alive at the time of your passing, how any children are related to the surviving spouse (ex. step-children and/or minor children.

Additionally, the nature of the property owned by the decedent will affect the distribution as Florida homestead property is handled differently than other assets. Finally, if the decedent owned land in other states, there will need to be additional “ancillary” probate proceedings in those states.

Is Intestate Succession “Automatic” in Florida?

Some might assume that since intestate succession follows various “pre-set” rules established by the government, the process is “automatic.” This is not true, and intestate succession is a process that occurs through the probate courts. The rules of probate will still need to be followed and the process may take longer without a will. Additionally, there will be no advance planning for minors or individuals who should not receive outright distributions due to their own personal circumstances, such as being on Medicaid or being irresponsible with money. In those situations, the likelihood of wasted assets is significant.

While choosing not to write a Will might be the most convenient choice for you, this decision does not make things easy for your spouse or the rest of your family. In fact, dying intestate often causes disputes between family members, lasting bitterness, and financial pressure. While the intestate succession process might dictate who receives your assets, other decisions could be less clear. For example, your family members might disagree on how to handle your funeral and burial. You can address these and other nuanced subjects when drafting a Will, thereby reducing the chances of family disputes.

Can an Estate Planning Lawyer in Palm Beach County Help Me?

Yes. An experienced Estate Planning Lawyer will ask many questions, determine your needs and the needs of the people who you will name as beneficiaries and will create a customized estate plan that suits your family and supports your wishes. There will be questions that you did not even thin to consider during the process and because life sometimes doesn’t go as planned, there will be contingency planning within your estate plan if things go differently than what you expect. All in all, it should not take much time or effort to create a Will in Palm Beach County. A Will is a more reliable way to leave property to your spouse, so consider discussing this option in more detail with the Palm Beach County estate planning lawyers at Kitroser Lewis & Mighdoll.

Sources: 

help.flcourts.gov/Other-Resources/Probate

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html