Wills and trusts are estate planning tools utilized to assist in allocating your assets when you pass away. Learn about what they are and how to use them.

A Power of Attorney provides someone with the legal authority to act on behalf of another. Learn about POAs and their purpose here.

Advance directives specify your desires for financial assistance and for medical treatment if you become incapacitated. Learn the different types of advance directives.

Intestate line of succession Chapter 732, Part 1 of the Florida Statutes, codifies intestate succession, spelling out various inheritance scenarios if someone were to pass away without a will. It is important to note that only property without a named beneficiary/TOD/POD nor a named co-owner would fall under intestate succession. The "probatable assets"/estate would be divided in the following succession according to the Florida Statutes. Surviving spouse If all of your children are from the same marriage, or you are married without children, your spouse will inherit 100% of your "probatable assets"/estate. If you have children from a previous relationship or marriage, your spouse will receive 50% of the "probatable assets"/ estate, and your children would divide the other 50% of the "probatable assets"/ estate. Surviving exspouses are not entitled to inherit any estate assets, absent a legal agreement/court-ordered agreement to the contrary. Children Your children split your estate evenly if you were not married at the time of death. If one of your children passed away but has surviving children, your grandchildren would receive that child's share in the "probatable assets"/ estate. Adoptive and biological children have the same rights according to intestacy laws. Parents If you pass away without a surviving spouse or children, your "probatable assets"/ estate will go to your parents or grandparents. Siblings, nieces, and nephews If you have no spouse, children, or surviving parents, your "probatable assets"/ estate will be split among your brothers and sisters. If there are no surviving siblings, your "probatable assets"/ estate will pass on to any nieces or nephews. Other blood relatives If no one meets the above criteria, your "probatable assets"/ estate will be inherited by your next closest blood relatives. These relatives can reside in Florida, another state, or another country. Intestacy laws determine that full-blood relatives will receive more than half-relatives. For instance, if you have half and full-blood siblings, they would not share the estate equally.4 What happens to minor children if there is no will? If you pass away with children under 18 in your care, the surviving biological parent may become the children's sole guardian. If there is no surviving parent, a family member may petition to obtain guardianship/custody of your children. Will the state take my assets without a will? While many believe the State of Florida will take over your entire estate if you do not have a will, this is usually not the case. If you die without a will, your estate follows Florida's intestate line of succession to divide up your "probatable assets" / estate. Then, any remaining blood relatives will be notified and entitled to the estate. In the rare case that you do not have any heirs, blood relatives, or other eligible next-of-kin, the estate becomes "escheat" and will become government property. Benefits of having a will If you do not agree with how Florida statutes would divide your "probatable assets"/estate, having a will is a proper way to legally document your instructions of who is in charge and how you would like your estate divided (including personal possessions and family heirlooms). Create a will with Jason D. Berger, P.A. The Law Offices of Jason D. Berger, P.A. can help residents throughout the Treasure Coast, from Hobe Sound, Jensen Beach, Port Salerno, Rio, Stuart, Fort Pierce, Port St. Lucie, Vero Beach, Martin, Okeechobee, Indian River, Palm Beach and St. Lucie counties in establishing comprehensive estate plans. Call us at (772) 403-5880 or schedule an appointment to learn more.