Creating a will is one of the most important steps in protecting your loved ones and your legacy. Unfortunately, many people pass away without a will, a situation legally referred to as dying intestate. In Florida, this has serious legal and financial consequences, especially for your surviving family members. At Michael Greenwald, P.A., we help individuals and families across Broward County navigate these complex situations and take proactive steps to secure their future.



Florida's Intestate Succession Laws

When someone dies without a will in Florida, the state's intestate succession laws dictate how their assets are distributed. This process is overseen by the probate court and follows a strict legal order of inheritance, which may not reflect the deceased person’s wishes.

Here’s how it typically works:

• If you are married with no children: Your spouse inherits everything.
• If you are married with children you share with your spouse: Your spouse still inherits everything.
• If you have children from another relationship: Your spouse inherits half, and your children inherit the other half.
• If you are unmarried with children: Your children inherit everything, divided equally.
• If you have no spouse or children: Your parents inherit, followed by your siblings, and then more distant relatives if necessary.

This process can be especially problematic in blended families or in situations where someone intended to leave assets to a close friend, fiancé, or charity—none of whom are entitled to inherit under intestate laws.

Other Potential Issues

1. No Say Over Guardianship of Minor Children: Without a will, a court will decide who will care for your children if they are minors.
2. Delayed Distribution of Assets: The probate process may be longer and more complicated without a will, causing financial strain on loved ones.
3. Family Disputes: Intestate estates often lead to family conflict and legal challenges that might otherwise be avoided with a clearly written will.

Why Estate Planning Matters

Drafting a will not only gives you control over who inherits your property, but it also provides peace of mind that your family will be taken care of according to your wishes. A will allows you to:

• Name a personal representative (executor) for your estate
• Appoint a guardian for minor children
• Make specific gifts or charitable donations
• Minimize family disputes

How Michael Greenwald, P.A. Can Help

At Michael Greenwald, P.A., we guide clients throughout Broward County through every stage of the estate planning process. Whether you're starting from scratch or need help updating an existing plan, we can ensure your wishes are honored and your loved ones are protected. Don’t wait for the courts to decide what happens to your family and your property.