Compassionate Allies, Aggressive Advocates

Who is considered next of kin when it comes to an estate plan?

Intestacy brings with it a whole slew of problems. People who believe they are entitled to a piece of the pie in terms of a deceased person's assets need to meet next of kin requirements outlined under Florida law. This is one of the reasons that having an estate plan is so important and the reason that dying without a will causes so much chaos in most families.

Firstly, if the deceased has a spouse and he or she doesn't have any descendants, the assets will go to the spouse once everything passes through probate. If the deceased has descendants that aren't related to the surviving spouse such as kids from a prior relationship, for instance, the spouse will get half of the probated estate while descendants will get the other half. Things can become a little complicated from here.

If the deceased didn't have a spouse, but has descendants, those descendants will inherit 100 percent of the assets per stirpes or in order of how each is related to the deceased. This can seem confusing and complex. These are the kinds of issues with which an experienced estate planning attorney can help. 

Dying without an estate plan and dying intestate, or without a will, can cause added grief to already grieving loved ones. A Florida attorney can help a client to avoid such situations by helping him or her with estate planning issues. A lawyer will ensure that a client's estate plans are fully compliant with the laws of the state and that all applicable documents are accounted for and correct.

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  • The Florida Bar| Board Certified | Marital & Family Law
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Meador & Johnson, P.A.
900 N. Palafox St
Pensacola, FL 32501

Toll Free: 800-785-4969
Phone: 850-483-0773
Fax: 850-435-8834
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