What happens if I die with no Will and I have a daughter?

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What happens if I die with no Will and I have a daughter?

Will she automatically get it all?

Asked on April 3, 2012 under Estate Planning, Florida

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

A lot of problems.  You need to get an estate plan together that provides for guardianship for your daughter and a trust to protect her inheritance.

Do not try this on your own.  Get with an experienced estate planning attorney.  For more on the estate planning process please read

Estate Planning Mistakes: 5 Not So Easy Pieces

 at the following link: http://www.sjfpc.com/estate_planning_drafting_wills_trusts.html

 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you do not have a Will then yor estate passes via the intestacy statutes in Florida.  Under that statute your daughter would inherit everything if you have no spouse.  If you have a spouse they will get everything (to a certain degree and if they are the other parent of the child).  You should seek help here with a bit of estate planning and possibly setting up a trust. Otherwise the estate could be eaten up in taxes.  Good luck.


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