Tampa Inheritance Rights Attorney

The inheritance laws in Florida are quite complex. After considering the federal tax laws that may apply to an estate, as well as certain state laws, understanding the rights of you and your loved ones is not easy. However, it is critical that you understand these rights so you can exercise them and make sure they are upheld. Below, our Tampa inheritance rights attorney provides the information you need to know.

Inheritance Laws and the Intestacy Laws in Florida

When a person passes away without a will or other estate planning documents, they are known as having died intestate. In these cases, Florida’s intestate laws will apply. Under the intestate laws in Florida, certain family members have inheritance rights. While these laws do outline which family members will receive a certain portion of the estate as their inheritance, they do not outline which property family members will receive. As a result, if you pass away without a will, your loved ones may have questions about their inheritance rights that are not easy to answer.

The Inheritance Rights of Spouses

If you pass away without an estate plan in place, your spouse has a right to some or all of your estate. The portion of your estate your spouse has rights to will depend on what other family members are still alive at the time you pass away. Florida also has an elective share law. This law may protect your spouse from being disinherited. Due to the elective share law, if you want to leave an inheritance to someone other than your spouse, this is something you should address with a Tampa inheritance rights lawyer.

Same-sex spouses generally have the same legal rights in Florida as people in opposite-sex marriages. This means that the intestacy laws in the state will still apply. However, couples today often live together without officially getting married. In these cases, both same-sex and opposite-sex couples should protect the inheritance rights of their partner if they are not married by drafting a thorough estate plan. Even when a couple is married, they should still draft an estate plan to ensure their spouse inherits the portion of the estate their partner intended them to have. This is the only way to protect everyone’s inheritance rights.

Disputes Over Inheritance Rights

Disputes during estate and probate administration are not uncommon. This is especially true when the estate plan of the decedent is incomplete or unclear. In these instances, estate and trust litigation is often necessary to make sure that the inheritance rights of all parties are upheld.

Our Inheritance Rights Attorney in Tampa Can Ensure Yours are Upheld

Whether you are creating an estate plan or in a dispute after a loved one has passed away, our Tampa inheritance rights attorney at BBDG Law can provide the sound legal advice you need. Call us today at (813) 221-3759 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.