By Danielle L. Vaughn, Esq., B.C.S., LL.M.
You Don’t Have a Will. Florida Does and You May Not Like It.
Most people put off writing a will because they figure they’ll get around to it eventually. They’re busy. They’re healthy. They’re not that old. And besides, everything would just go to their spouse or kids automatically, right?
Not necessarily. The gap between what people assume will happen and what Florida law actually does can be jaw-dropping.
When you die without a will in Florida, the state steps in with its own plan. It’s called intestate succession, and nobody gets to vote on it. Florida’s intestacy statutes dictate exactly who gets what, in what order, regardless of your relationships, your wishes, or your family’s circumstances.
If you die without a will, Florida has already written one for you. The problem is you never got to read it.
Here’s where it gets alarming. If you’re married with children from a prior relationship, your spouse and your children may be forced to split your estate: your spouse takes half, your children from the previous marriage take the other half. That beach house you planned to leave your spouse outright? Your children may now own half of it, and the family home becomes a legal battleground.
Here’s one that stops people cold. If you are legally married but separated, even for 10 or 15 years, your spouse is still entitled to a share of your estate. It doesn’t matter that you haven’t spoken in a decade, that you’ve built an entirely separate life, or that you fully intended to leave everything to your children or your partner. Until a divorce is final, a legal spouse has inheritance rights. That estranged husband or wife you haven’t seen since the early 2000s could walk away with a significant portion of everything you worked for.
Not married? Your estate passes to your children in equal shares. No children? It climbs the family tree, parents, siblings, nieces and nephews, in a strict statutory order. The partner of 15 years you fully intended to provide for? Florida law doesn’t recognize them at all. They get nothing.
And your beloved pet, your favorite charity, the neighbor who looked after you for years? Unless it’s in writing, the state has no way of knowing, and no obligation to care.
The probate that follows an intestate death isn’t just emotionally painful, it’s expensive and public. Court costs, administrative fees, and months of proceedings chip away at the very estate you worked a lifetime to build. Grieving families are left navigating a bureaucratic maze at the worst possible moment.
A will doesn’t have to be complicated or expensive. But the cost of dying without one, to your family, your finances, and your legacy, absolutely can be.
At Vaughn Law, we help families put their wishes in writing before Florida does it for them. Call 727-223-6080 or visit dvaughnlaw.com to schedule a consultation.
Danielle L. Vaughn, Esq., B.C.S., LL.M.Board Certified Real Estate Attorney
VAUGHN LAW, PLLC350 Corey Avenue, St. Pete Beach
Phone: 727-223-6080
www.dvaughnlaw.com