Does Everything Automatically Go to Your Spouse?

Don't Wait Until Your Family Has to Say, “What Do We Do Now?”

A husband passes away unexpectedly.

His wife assumes she’ll be able to pay the bills, access their accounts, and take care of everything just as they always had.

Instead, she discovers that some assets cannot simply be accessed. The bank needs legal documentation. The court may need to get involved. Family members start asking questions that no one is prepared to answer.

And then comes the question:

“But we were married.”

It’s a situation many families never expect to face.

Does Everything Automatically Go to Your Spouse?

Many people assume that if they die without a will, their spouse or children will automatically receive everything. In Florida, however, the answer depends on several factors, including whether the person was married, whether there were children, how the assets were owned, and whether there are beneficiaries designated on accounts or policies.

When someone dies without a valid will, they are considered to have died intestate. Florida's intestacy laws then determine who may inherit the person's probate assets.

This does not necessarily mean that a surviving spouse receives everything, nor does it mean that every asset will have to go through probate. Certain assets may pass directly to a beneficiary, a joint owner, or another person according to how the asset was structured.

That distinction can become very important when a family is already dealing with a loss.

Marriage Doesn't Automatically Give You Access to Every Asset

Being married does not necessarily mean that one spouse has immediate authority over every account, property, or financial interest belonging to the other.

For example, an account may be held solely in the deceased person's name, or an asset may not have a surviving joint owner or designated beneficiary. In those situations, the family may need to go through the appropriate legal process before the asset can be administered or distributed.

There can also be questions about who has legal authority to handle the deceased person's estate, pay outstanding obligations, and distribute assets to the appropriate beneficiaries.

Estate Planning Can Help Your Family Know What to Do

Estate planning is about more than deciding who receives your property.

A well-prepared estate plan can help address what happens to your assets, who should have authority to act on your behalf, and how your wishes should be carried out after your death.

Depending on your circumstances, an estate plan may include documents such as a will, trust, durable power of attorney, and advance healthcare directive, along with properly coordinated beneficiary designations and asset ownership.

The goal is to give your family a clearer path forward instead of leaving them to figure everything out during a difficult time.

Don't Wait Until Your Family Has to Say, “What Do We Do Now?”

No one plans for an unexpected death. But you can plan for what happens if it occurs.

Taking the time to review your estate plan, accounts, property ownership, and beneficiary designations can help reduce confusion and make it easier for your loved ones to carry out your wishes.

Your family shouldn't have to discover your estate plan—or the lack of one—during a crisis.

If you have questions about your estate plan or what could happen to your assets after your death, consider speaking with an experienced Florida estate planning attorney about your individual circumstances.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.