Estate Planning Without Children or Close Heirs in Florida
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If you die without a will or trust, Florida's intestacy statute decides who inherits, often distant relatives you may not know. Only if no relative qualifies does property go to the State of Florida. A will or trust lets you choose friends, stepchildren, charities or anyone else.
Many people without children assume estate planning isn't for them. In fact, it may matter more, because Florida's default rules rarely match what childless adults want.
Florida's default plan
Without a will, Florida law (§ 732.103) passes your estate in this order after any spouse and descendants: parents, then brothers and sisters and their descendants, then grandparents, aunts, uncles and cousins; and if none, the family of your last deceased spouse. Friends and unmarried partners receive nothing, and stepchildren inherit only in that last case. Only when no relative qualifies does property go to the state (§ 732.107).
Who will make decisions for you?
For people without children, the lifetime documents are often the most important. Without a durable power of attorney and health care surrogate, a court may appoint a guardian, sometimes a professional guardian, to make decisions for you. Choose trusted friends, relatives or a professional fiduciary now, and name backups.
Leave a legacy
- Gifts to nieces, nephews, godchildren or friends
- Gifts to churches, schools, animal rescues or local Pensacola nonprofits
- Care for your pets through a pet trust
- Charitable beneficiary designations on retirement accounts, which can be tax-efficient
Consider a trust
If your beneficiaries live out of state or you want a trusted person or professional to settle your affairs privately, a revocable living trust avoids probate and can name a successor trustee who isn't a Florida relative, something a will can't always do because of Florida's rules on out-of-state personal representatives.
Talk with a Florida estate planning lawyer
Trusted Elder Law & Asset Protection helps families in Pensacola, Escambia, Santa Rosa, Okaloosa and Walton counties plan ahead. Call 850-607-2222 or schedule a free Peace of Mind Strategy Session.
This article is general information about Florida law, not legal advice for your situation.
