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The Hidden Costs of Dying Without a Will in Florida

On Behalf of | May 6, 2025 | Firm News

In Florida, dying without a last will doesn’t just impact your legacy – it can leave your loved ones facing months of legal procedures and unexpected costs. At The Siegel Law Firm, P.A., with over 50 years of experience helping thousands of clients, we’ve guided countless families through this challenging process. Today, we’re sharing what you need to know before it’s too late.

The Reality Check: Florida’s Intestate Succession Laws

When someone dies without a will in Florida (known legally as dying “intestate”), their assets don’t automatically go to their closest relative. Instead, the state’s intestate succession laws determine who inherits what – and the results might surprise you.

Here’s how Florida law distributes assets when there’s no will:

  • Married with children from the same marriage: Your spouse receives all assets
  • Married with children from previous relationships: Your spouse shares the estate with all children
  • Single with children: Assets are divided equally among children
  • Single without children: Assets go to parents first, then siblings
  • Blended families: Complex distribution that often leads to family conflicts

The Hidden Costs You Never Expected

While a comprehensive estate plan is a modest investment in your family’s future, dying without a will can result in significantly higher expenses:

  1. Court Fees and Legal Expenses
  • Multiple court appearances
  • Attorney fees for probate administration
  • Document preparation and filing costs
  1. Time is Money
  • Average probate administration: Nine months
  • Lost work time for family members
  • Delayed access to needed assets
  1. Family Harmony at Risk
  • Potential disputes over asset distribution
  • Strained relationships during emotional times
  • Costly litigation between family members
  1. Asset Value Deterioration
  • Business interests may suffer during probate
  • Real estate maintenance costs
  • Investment opportunities missed

Real Stories, Real Consequences

At The Siegel Law Firm, P.A., we’ve seen the impact of inadequate planning firsthand. Recently, a blended family faced months of costly litigation because their loved one hadn’t updated their will after remarrying. What could have been a straightforward estate plan turned into tens of thousands in legal fees and irreparable family relationships.

Protecting Your Family’s Future

A comprehensive estate plan from our experienced team includes essential tools that work together:

  • Living Trust
  • Pour-over Will
  • Powers of Attorney
  • Living Will
  • Digital Asset Protection
  • Health care Directives
  • Trust Funding Guidance

These documents work together to:

  • Protect your assets
  • Ensure your wishes are followed
  • Minimize tax burden
  • Prevent family conflicts
  • Provide peace of mind

Take Action Today

Don’t leave your family’s future to chance. Schedule a free consultation with The Siegel Law Firm, P.A. With offices in Jupiter and Port St. Lucie, we’re here to help protect your legacy.

Contact us today:

  • Jupiter: 561-743-4001 (801 Maplewood Drive Suite 3, Jupiter, FL 33458)
  • Port St. Lucie: 561-760-9121 (1860 SW Fountainview Blvd. #100, Port St. Lucie, FL 34986)