Blog Archives

Laws of Intestacy

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:

  1. the entire estate if (a) you leave no children,

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Who Needs a Trust

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 $5,000,000 free of estate tax, 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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Who Needs a Will

In general, we recommend that everyone has a Will.  However, more specifically, there are a few situations where a Will is particularly important:

  1. If you want your assets to go any way except by the laws of intestacy.  Generally this means to your spouse, then your children,

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New Laws 2011 – Change in the Intestate Share of a Surviving Spouse

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:

  1. the decedent leaves no surviving children, in which case the surviving spouse receives the entire intestate estate;

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