An estate plan determines how and to whom your property will pass after you die. An estate plan may consist of a will, a trust, beneficiary designations on insurance and investments account or a combination of these and other devices. Without a legally executed estate plan, state law determines how and to whom your property will pass.
In the state of Florida, if you die without a will or other legal estate plan, your surviving spouse and/or children will inherit your estate. If ALL your children are also your spouse’s children, your spouse inherits everything – UNLESS your spouse has children who were not your children, in which case your spouse inherits only one half of your estate and your children the other half. Or, if you have children with someone other than your surviving spouse, those your children have rights to one half of your estate.