Florida Estate Law FAQs
Plain-language explanations of Florida estate planning law topics including homestead, elective share, intestacy, fiduciary duties, and common planning issues.
These materials are prepared by Cohen Samuels, PLLC for general educational purposes. They are not legal advice and do not create an attorney-client relationship.
Questions Answered
What happens if someone dies without a will in Florida?
Florida intestacy laws determine who inherits when there is no valid will, which may not match the person’s personal wishes or family expectations.
What is Florida elective share?
The elective share is a surviving spouse’s statutory right to claim a portion of an estate under certain circumstances. It can affect planning for married clients and blended families.
What is tenancy by the entirety?
Tenancy by the entirety is a form of ownership available to married couples that may affect survivorship and creditor considerations.
What is homestead in estate planning?
Homestead can affect creditor protection, restrictions on devise, surviving spouse rights, minor children, and how a Florida residence passes after death.
Why does Florida law matter for snowbirds?
Clients with homes or legal ties in more than one state may need coordinated planning to address residency, probate, tax, and document recognition issues.
Related FAQ Videos
- What Does A Proper Estate Plan Include
- What Is Included In My Estate
- Who Needs Estate Planning
- What Makes Working With You Different Than Other Lawyers
- How Can An Estate Plan Make Things Easier On My Family After I Die
- What Is A Will
Contact Cohen Samuels, PLLC to discuss your Florida estate planning, probate, trust administration, or elder law concerns.
