Steps to Take When a Family Member Passes Away with No Will

Losing a loved one is difficult, and the situation can become even more stressful when they pass away without a Will. In Florida, when someone dies intestate (without a will), state laws determine how their assets are distributed. If you believe you have a right to an estate with no will, talk to a Pompano Beach estate litigation lawyer to discuss your options.

Identifying Assets and Opening a Probate Case

One of the first things to do in the absence of a Will is to determine if there are any estate documents at all. Because even if a formal Will is not found, there may be trusts, life insurance policies, or payable-on-death accounts. These may provide some direction on asset distribution.

Next, identify and secure assets to prevent loss or unauthorized access. This includes bank accounts, real estate, personal property, and investments. With these in place, the official process of settling an estate can begin.

In Florida, intestate succession laws dictate asset distribution in the following ways.

• If the deceased had a surviving spouse but no children, the spouse inherits everything.
• Children by blood. Should the family involve a spouse and only children from that marriage, the spouse still inherits everything.
• Children from other unions. When there are children from another relationship, the spouse gets half, and the children share the other half.
• No spouse. If there is no spouse, assets go to the children, followed by parents, siblings, and more distant relatives.

Without a Will, probate is necessary to distribute assets. A family member or interested person must petition the court to open probate and appoint a Personal Representative to handle the estate.

Also, before asset distribution can begin, the estate’s debts, including medical bills, funeral costs, and outstanding loans, must be settled. There may also be legal challenges, such as disputes arising when multiple family members believe they are entitled to assets. If you believe you are being unfairly excluded, consulting a lawyer can help protect your rights.

Assets In an Undecided State

If no one initiates probate, assets remain in limbo. Financial institutions and government agencies will not release funds or transfer property. Eventually, unclaimed assets may be turned over to the state, at which point it would be more difficult for rightful heirs to recover them.

Should you be in a situation where a family member passed away without a Will, know that connecting with a Pompano Beach estate litigation lawyer is a way to access information and clarity. An attorney can determine your legal rights to the estate and guide you through complex intestate succession laws. Legal pros also have the necessary knowledge to represent you in probate disputes and ensure assets are properly distributed.

Is it possible for you to inherit assets if there is no Will? Moving through the legal complexities of an intestate estate can be overwhelming, but the experienced legal professionals at Mark R. Manceri, P.A. can protect your rights and ensure a fair distribution of assets. Schedule a confidential consultation today.