What Happens If I Don’t Have a Will?
How does intestacy, or the lack of a will, affect my loved ones?
Gainesville elder law and special needs attorney discusses how intestacy — or not having a will — could affect your loved ones. As an experienced, knowledgeable elder law attorney, Shannon Miller understands the importance of planning for the future.
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“Intestacy means that you die without a will. For example, we’re in a same-sex relationship, or we’re in a relationship with someone and we’re not married, but you wanted to provide some assets to that person after you died or wanted to take advantage of any tax benefits there might be. It’s really important for those people who don’t have a marriage that’s recognized in the state of Florida to have an estate plan. More importantly, [it’s important] that you have a durable power of attorney, a designation of healthcare surrogate, because if you become incapacitated and someone needs to make decisions for you–and you would prefer that that person who was your significant other make those decisions on your behalf–under the rules in Florida right now, you have to have a durable power of attorney or a designation of healthcare surrogate or you’d have to have a will in order to provide those types of benefits or control to that person.”