Estate planning is an essential but often neglected part of life. No one wants to confront the possibility of dying prematurely, but it’s an unfortunate reality.

Don’t add estate chaos to your loved ones’ grief. If you don’t document your wishes, the courts will follow intestate laws to divide your assets—including your home and savings. Intestate succession is a fixed order of inheritance determined by the State of Florida, which means your unique relationships and circumstances aren’t considered in the ways you would want them to be.

Make your wishes clear so that your closest loved ones don’t have to deal with ghosted guardians, swindling sirens, or estranged entanglements. Here are some recent horror stories we’ve seen.

Ghosted Guardian

When Billy was a kid, his mom unfortunately passed away from terminal cancer. Billy’s dad was crippled by grief after her death and became an addict. He could no longer care for Billy, who was taken in by his grandma Mary.

Billy thrived under Mary’s care. He went to college, became an accountant, and later supported Mary financially and as her caregiver. Tragically, Billy died in a car accident at 35—with no estate plan. He had always assumed Mary would pass first.

At over 85, Mary couldn’t care for herself. She believed Billy’s savings would support her, but then the unexpected happened…again. Billy’s estranged dad reappeared during probate. Even though he was still an active addict and had been absent from Billy’s life for 25 years, he was legally entitled to the estate under Florida’s intestate laws.

He used Billy’s money to feed his own vices, and Mary, who had raised and depended on Billy, ended up relying on government assistance until the end of her life.

Swindling Siren

Sarah and her two sisters grew up in Florida. Their parents, who were both doctors and amassed a sizeable fortune through investing, divorced when Sarah was in her early twenties.

A few years later, their dad Dan married Lynn — a woman who, as it turned out, was only interested in his wealth. When Dan discovered this, he kicked her out. A few weeks later, he died of a heart attack, likely due to stress.

Dan didn’t have a will. Sarah and her sisters assumed they’d inherit everything as they were his children, but in Florida, the surviving spouse is first in line. Even though Dan and Lynn had split, and even though her intentions were dishonest, she was still entitled to part of his estate.

Per intestate laws, Lynn received half of Dan’s fortune, while the sisters split the other half three ways. A bitter legal battle followed, and they lost many sentimental pieces of their father’s life they had hoped to hold onto.

Estranged Entitlements

Carlos was a self-made man who ran a successful landscaping business in Florida. He had been estranged from his only sibling, his brother Javier, for over 20 years after a bitter falling-out. But Carlos had a family of his own—his long-time partner, Denise, and her son, whom he helped raise.

Carlos always intended to leave everything to them, but never got around to creating a will. When he died suddenly from a stroke, Denise was devastated—and shocked to learn she had no legal claim to his estate.

Because Carlos wasn’t legally married and had no biological children, his estranged brother Javier inherited everything. Denise and her son, despite being Carlos’s true family in every way but legally, were left with nothing.

The result: a grieving partner pushed out of the home they shared and created together all because Carlos never made his wishes legally binding.

**Names have been changed for the purposes of publication.

 

Contact Us

Ready to create your estate plan and avoid the spooky uncertainties? At Florida Elder Law & Legacy Planning, we can ensure your family is protected from the uncertainties of the future. Contact us today to put a plan in place that protects the loved ones you hold close, either by calling us at (813) 651-1233 or by filling out the form below.