What Happens If You Die Without a Will?

Death is a somber reality, but dying without a Will adds an extra layer of complexity and heartache to an already difficult time. Without a Last Will and Testament, the State takes the reins in your family affairs, deciding who inherits your Estate down to the last cent. Consider some of the consequences of not having a Will and the intricate complications it brings.

Dying without a Will, or “dying intestate”, means relinquishing your control over your property. State statutes step in to determine who are your heirs and the portion of your Estate they are entitled to. Without a Family Estate Plan or written Will, a Probate Court becomes a formidable decision-maker in your Estate.

Surrendering Control
Without a Will, you surrender several critical powers that are essential to Estate Planning:

1. Selecting Beneficiaries: Your wishes for the distribution of your assets become irrelevant as the State takes charge.
2. Gifting to Friends: The freedom to make gifts to close friends evaporates, and your wishes are left unfulfilled.
3. Executor Appointment: Naming an Executor for your Estate (known as the Personal Representative in Florida), someone you trust to carry out your wishes, is no longer an option.
4. Guardianship for Minors: Deciding who Will care for your minor children is out of your hands.

The Dangers of an Outdated Will
An outdated Will is as perilous as having no Will at all. Life brings changes, and your Will should adapt accordingly. Marriage, death, birth, or divorce in your family since you wrote your Will could render it obsolete. Ensure that your estate plan remains relevant and legally sound by seeking legal counsel when life’s milestones occur.

Taking Charge of Your Estate
Dying without a Will leaves your legacy hanging in the balance, subject to the whims of State statutes and devoid of your personal touch. To regain control and secure your family’s future, it’s imperative to create and maintain an up-to-date Will.

At The Mendez Law Firm, we specialize in Estate Planning. Call us at (407)380-7724 or email us TODAY at mail@themendezlawfirm.com. We’ll schedule your FREE, No Obligation, No Cost office conference or Virtual Zoom conference to discuss your Family Estate Plan, and review other Probate avoidance options that may benefit you and your family. If you are looking for a Florida estate planning attorney in the Greater Orlando Area, we are here to help with all your Estate Planning and Asset Protection needs.