What Happens If You Die Without a Will? Why You Should Still Plan—Even If You're Married
What Is a Will—and Why It Matters
A will (last will and testament) is a legally binding document that outlines:
Who inherits your property
Who will care for your minor children
Who handles your affairs (executor)
Your preferences for funeral or memorial arrangements
Having a will means you’re in control of your legacy. Without one, state laws take over—and the results may shock you.
Dying Without a Will = Intestacy
If you die without a will, you are said to die “intestate.” In that case, your assets are divided according to your state’s intestacy laws—not your personal wishes.
These laws vary by state, but typically distribute property to your next of kin in a strict order:
Spouse
Children (biological or adopted)
Parents
Siblings
Extended family (aunts, uncles, cousins)
But I’m Married—Won’t Everything Go to My Spouse?
Not necessarily. This is one of the most common misconceptions. Here's why:
If You Have Children:
Your spouse often shares your estate with your children.
In many states, your spouse receives half, and your children receive the other half, even if they are minors.
If you have children from a previous relationship, your spouse may receive even less.
If You Don’t Have Children:
Your spouse may still have to share the estate with:
Your parents
Your siblings
Other relatives—depending on the state
📍 Florida Example:
If you're married with children from a prior relationship, your surviving spouse gets only half of your estate under Florida law.
Other Risks of Dying Without a Will
No guardian named for minor children
Court-appointed executor instead of someone you trust
Family disputes over property or care decisions
Delays in probate or higher legal fees
No control over who receives specific assets (e.g., family heirlooms, pets, business shares)
Why You Still Need a Will—Even If You Have a Spouse
✅ Ensure your spouse is protected
✅ Provide clear instructions for blended families
✅ Avoid intestacy rules that may divide your assets in unintended ways
✅ Choose an executor who knows your wishes
✅ Prevent conflict and confusion among surviving relatives
What About Advance Directives and Trusts?
A will only activates after death. You also need:
An advance directive for medical decisions
A power of attorney for financial and legal matters
Optionally, a living trust to avoid probate
At Lexcura Summit, we assist attorneys and families in reviewing these documents for litigation, estate disputes, and elder care planning.
📞 Need Help Reviewing a Consent, or Medical-Legal Case?
Lexcura Summit provides fast, attorney-trusted medical-legal consulting:
📱 Call (352) 703‑0703
🌐 Visit www.lexcurasummit.com to request a complimentary case review
