When a loved one passes away, their assets—including money, property, and personal belongings—are left to heirs or beneficiaries. While this process should be straightforward, inheritance issues often lead to legal challenges, family conflicts, and unexpected tax or probate concerns. Without proper estate planning, heirs may face long delays, disputes, or even the loss of their rightful inheritance.

At Elderly Care Law Firm, we help individuals protect their inheritance rights, guide families through the estate distribution process, and provide legal solutions that ensure a fair and smooth transition of assets.

What is Inheritance?

Inheritance refers to the assets, money, and property that are passed down from a deceased person to their heirs or beneficiaries. The inheritance process depends on whether the person had a legally valid will or trust in place. If no estate plan exists, Florida’s intestate succession laws determine who inherits.

Who is Entitled to Inheritance in Florida?

In Florida, inheritance is determined in one of two ways:

1. Through a valid will or trust – If the deceased had an estate plan, assets are distributed according to their wishes.
2. Through Florida’s intestate succession laws – If no will exists, assets pass to the closest living relatives in this order:
   • Spouse
   • Children
   • Parents
   • Siblings
   • Extended family (grandchildren, nieces, nephews, etc.)

If the deceased had no living relatives, the estate may escheat to the state of Florida, meaning the government takes control of the assets.

What Happens If Someone Dies Without a Will in Florida?

When someone dies without a will, they are considered to have died intestate. This means that the probate court will distribute assets according to Florida’s intestate succession laws, which may not always reflect what the deceased would have wanted.

For example:

• If the deceased was married with no children, the surviving spouse inherits everything.
• If the deceased was married with children from a previous relationship, the spouse and children split the estate.
• If the deceased had no spouse or children, the assets go to their parents, siblings, or extended family.

Without a will, family disputes are more likely, especially when stepchildren, estranged relatives, or unmarried partners are involved.

Can Stepchildren or Unmarried Partners Inherit in Florida?

In Florida, stepchildren and unmarried partners do not automatically inherit unless they are specifically named in a will or trust. This means that if someone wants to leave assets to a stepchild or long-term partner, they must create a legal estate plan. Otherwise, those individuals may be left with nothing.

Common Inheritance Disputes

Inheritance disputes are common, especially in situations where:

• A family member feels unfairly excluded from a will.
• The will was changed suspiciously close to the deceased’s passing.
• Someone claims the deceased was pressured or manipulated into making changes to their will (undue influence).
• There are multiple wills, and heirs disagree on which is valid.
• A will is missing or has not been updated to reflect new life circumstances (such as remarriage or additional children).

Can Someone Be Disinherited in Florida?

Yes, but Florida law protects certain family members, particularly spouses and minor children. A person can leave an adult child or other relatives out of their will, but they cannot completely disinherit a spouse without specific legal steps. If you believe you were unfairly disinherited, you may have legal grounds to contest the will.

How Long Does the Inheritance Process Take?

The time it takes to receive an inheritance depends on whether probate is required.

• If the estate goes through probate, the process can take six months to two years.
• If a trust is used, assets can be distributed immediately after death with no court involvement.

Delays often happen when there are disputes, missing documents, or creditor claims against the estate.

Do You Have to Pay Taxes on Inheritance in Florida?

Good news! Florida does not have a state inheritance tax or estate tax. However, if the estate is large enough to be subject to federal estate tax heirs may owe taxes. Additionally, certain inherited assets, such as retirement accounts, stocks, or rental properties, may have tax implications.

How Can an Attorney Help with Inheritance Issues?

Navigating inheritance laws can be complicated, especially if probate is involved or if there are family conflicts. At Elderly Care Law Firm, we:

• Assist heirs in claiming their rightful inheritance.
• Handle will disputes and legal challenges.
• Ensure estates are distributed fairly and efficiently.
• Minimize inheritance taxes and probate delays.

If you are dealing with an inheritance issue, call Elderly Care Law Firm at (305) 836-4697 today for a consultation.