If you die without a Will you are said to die “intestate.” In that case, the laws of intestacy apply to distribute your assets as follows:
First, if you are married when you die your surviving spouse will receive:
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Trusts were once the cornerstone of most estate plans, due largely to tax planning when the estate tax applied to estates of $1,000,000 or less. Now, where a person can leave more than $11,000,000 free of estate tax (updated for 2018), Trusts are not always necessary. However, Trusts still provide a great degree of flexibility and long term control that simply cannot be matched by a Will alone.
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In general, we recommend that everyone has a Will. However, more specifically, there are a few situations where a Will is particularly important:
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Fla. Stat. 732.102 governs the distribution to a surviving spouse of an intestate estate – one in which the decedent did not leave a Last Will – by providing the following three alternatives:
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