Inheritance Rights

Inheritance Rights in Florida Probate Law

The death of a relative or loved one can be a difficult time for the people involved. The last thing someone who has suffered a loss wants is to deal with legal matters. However, if the deceased Florida resident held money, property or other assets at the time of his/her passing, then they must be properly distributed. If you are a surviving husband, wife or relative, you may have the right to receive inheritance in the state of Florida. At The Law Office of Silverman, Mack & Associates, we can provide you with a probate attorney Gainesville, FL, residents trust to ensure and protect their inheritance rights.

What are Florida Inheritance Rights?

In the state of Florida, inheritance law gives beneficiaries, heirs, next of kin, widows and loved ones, their rights to receive money, property and other assets after the death of a Florida citizen. Probate law in Florida, also known as Florida estate law, provides many valuable property rights to such individuals. Florida inheritance law is composed of the Florida probate code, the Florida statutes, and the decisions made by appellate courts. Florida inheritance law is essentially established by the rights of family members created and protected by Florida probate law and by the inheritances created by the intent of a Florida resident who chooses to leave his/her money and/or property to someone or multiple people when he/she dies. In other words, the Florida resident who passed away may leave you money or a portion of their estate through a right of survivorship, a will, or under a Florida revocable trust.

Who is Entitled to Inheritance?

In Florida inheritance law, no family member is guaranteed inheritance, with two exceptions to the rule. The first, if a Florida resident dies without a will then the family will have inheritance rights to the estate. The second, one generally cannot disinherit a spouse of the deceased. Apart from those two exceptions, as long as the deceased was competent and free from undue influence while creating any will or trust, that person may leave their property to anyone they want, it does not have to be a family member.

If a Florida resident dies without a will, the property will be distributed to the family members through intestacy law. Intestacy law means that the Florida legislature will be responsible for creating a plan to distribute the assets founded in the Florida probate code. Spouses and heirs have inheritance rights and property rights under Florida inheritance law in this case and may have certain rights to a family residence known as “homestead.”

In Florida, a surviving spouse of a deceased Florida citizen has many valuable rights to bank accounts, brokerage accounts, a family residence, retirement accounts, personal property and cash. This is because the Florida surviving spouse law wants to protect the widow. A widow also has a right to a “family allowance” during the probate or estate administration process that could be up to $18,000 and certain rights to personal property.

It is important for beneficiaries to understand, however, that inheritance rights are subject to Florida probate code and rules. Before a beneficiary can inherit, all expenses of administration and all the debts of the deceased Florida resident must be paid off. This includes paying the deceased resident’s final income taxes, credit card payments, mortgages, loans and any other debts. If the deceased resident owes more money than he/she is worth, then nobody inherits assets.

How can a Gainesville Probate Attorney Help You?

Probate can be a complicated matter but it is crucial to know all your rights when it comes to inheritance. By seeking the help of Gainesville probate lawyers, you will have knowledge and experience by your side to ensure that the whole process runs smoothly and as it should. A probate attorney can counsel you and help enforce your inheritance rights. During probate, disputes amongst family members, beneficiaries and heirs often arise. A probate litigation attorney can help you resolve inheritance disputes and win you your rightful inheritance.

Probate Lawyers in Gainesville, FL

It is a difficult time when a family member or loved one dies, but the fact of the matter is that disputes often arise over inheritance, wills and trusts. A probate attorney can help protect your rights to ensure you receive the inheritance that rightfully belongs to you. Contact The Law Office of Silverman, Mack & Associates today for probate lawyers Gainesville, FL, residents can rely on.