Many people delay estate planning for different reasons. Some feel they do not have enough assets to justify it, while others believe they will have time later. Still, some simply prefer not to think about death.
Unfortunately, waiting too long leaves families unprepared and creates consequences you may not have intended. What happens if I pass away in Florida without an estate plan? If you pass away without an estate plan in Florida, state law controls what happens to your assets.
At The Law Offices of Matthew J. Jowanna, P.A., we help clients take control of their future through estate planning. Our Pasco County, FL estate planning lawyer is here to guide you step by step so your assets go to the people you choose, not whoever the law dictates.
If I Die Without an Estate Plan, What Happens to My Estate?
If you pass away without a plan, it is called dying intestate. Instead of an executor following the terms and conditions in your will or trust, the state distributes your estate according to Florida’s line of succession.
If you are married with children from that spouse, your partner generally inherits everything. However, if you have children from another relationship, your spouse and those children will split your estate evenly.
If you have no spouse or children, your assets go to your parents, then siblings, and then to any other relatives the state can locate. If no family exists, the state of Florida takes ownership of your estate.
Without a plan, you lose all control over who receives your assets. For example, an estranged child or relative you never intended to benefit could inherit significant portions of your estate. Creating an estate plan ensures your assets go to the people and causes you truly care about.
What Documents Should I Consider Setting Up to Protect My Assets?
The foundation of any estate plan is a will. This document spells out exactly how you want your property distributed after your death. It can also name guardians for minor children and set clear instructions for specific bequests.
Many Floridians also benefit from creating a trust. Trusts can manage assets during your lifetime and distribute them efficiently after your passing, often helping beneficiaries avoid probate. A trust can also protect vulnerable family members who may not be ready to manage an inheritance on their own.
In addition, consider establishing a medical power of attorney. This document authorizes a trusted person to make healthcare decisions for you if you cannot. With this document, your medical preferences will be respected even when you are unable to communicate them yourself.
Why Estate Planning Matters
Passing away without an estate plan leaves your legacy in the hands of state law. This may result in outcomes you never intended and create added stress for your family. By planning ahead, you can protect your assets, avoid family disputes, and make sure your wishes are honored.
Over the past 30+ years, The Law Offices of Matthew J. Jowanna, P.A. has earned a reputation for integrity and reliability. We help Florida families handle estate planning with confidence. If you are ready to protect your future, contact us today to schedule a consultation and begin creating an estate plan tailored to your needs.