Inheritance Law FAQs

Our Boca Raton Inheritance Lawyers Answer Your Top Questions

Florida’s inheritance laws are complicated. There is simply no other way to put it. When you factor in federal tax laws and the potential for other states’ laws to come into play as well, understanding what you and your loved ones can expect requires the advice and insights of an experienced attorney. Here, our Boca Raton inheritance lawyers provide answers to some frequently-asked questions (FAQs) about inheritance law in Florida.

Who Will Inherit My Assets When I Die?

For the purposes of this question, we will assume that you do not yet have an estate plan. This means that your estate will be distributed according to Florida’s laws of intestate succession. While intestate succession laws determine who should receive a portion of your estate, they do not specify which assets go to whom. As a result, without an estate plan, you do not know who will inherit each of your assets when you die.

Are Spouses Automatically Entitled to All or a Portion of One Another’s Estates?

Yes, if you do not have an estate plan, some or all of your estate will pass to your spouse. The portion of your estate that your spouse will receive depends on which other family members are alive at the time of your death. Additionally, Florida’s “elective share” law protects spouses from being disinherited in many cases. As a result, if you want to leave certain assets to someone other than your spouse, this is something you will need to carefully address with the help of our Boca Raton inheritance lawyers.Can Same-Sex Partners Inherit from One Another in Florida?

Generally speaking same-sex spouses are entitled to the same legal rights as spouses in opposite-sex marriages. This means that Florida’s intestate succession laws apply. However, if you are not married, you will need to prepare an estate plan in order to ensure that your partner is entitled to your estate (and, even if you are married, preparing an estate plan that provides for specific distributions is still extremely important for a variety of different reasons).

How Can I Make Sure the Right People Inherit My Estate?

In order to make sure your estate is distributed according to your final wishes, you will need to work with an experienced inheritance lawyer to prepare a comprehensive estate plan. Simply put, this is the only way to take control of who inherits your estate.

Q: What Happens if There is a Dispute Over Who is Entitled to Inherit from a Decedent’s Estate?

Disputes during estate and probate administration are common, particularly when the decedent’s estate plan is unclear or incomplete. In addition to providing estate planning services, we also represent clients in estate and trust litigation, and we can make sure your inheritance rights are observed.

Get Answers to Your Specific Questions from the Boca Raton Inheritance Lawyers at Ellis Law Group

We understand that you have many more questions, and we know that you want answers that are specific to your personal family and financial circumstances. As a result, we encourage you to schedule an appointment to speak with one of our attorneys. To schedule a confidential initial consultation with the Boca Raton inheritance lawyers at Ellis Law Group, call us at 561-475-3848 or tell us what you want to know online today. 

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