Estate Planning in the Age of the Fertility Cliff
Probate laws sound like they were written at a time when social ties were stronger than they are today. Consider how alimony laws have changed to reflect social changes. In the 19th century, divorce was rare, even though it was more common for couples who did not get along to live separately without legally dissolving their marriage. The assumption was that men had employment income, and women did not, and that an adult woman with no work experience had little potential to earn income; therefore, alimony was part of almost every divorce settlement, except when the wife had abundant separate property, and alimony awards were usually permanent. Today, when both sexes are equally likely to participate in the workforce and to own separate property, Florida has abolished permanent alimony entirely, and the courts award alimony for the shortest durations that would enable the recipient spouse to become financially independent of the paying spouse. Today, as fewer people marry and have children, there are fewer surviving spouses and descendants, as well as fewer siblings. What happens in probate when the decedent has no surviving family members? To find out more about how probate works in a lonely world, contact a Dade City probate lawyer.
Who Is the Personal Representative of Your Estate When You Have No One?
No matter how solitary you are, probate is simpler if you write a will. Even if you have no family and no friends, you can leave your estate to anyone you choose, including but not limited to your local animal rescue charity or art museum or the surviving relatives of the former neighbor who was kind to you 30 years ago. A will should designate someone to act as personal representative of the estate; the personal representative may or may not be a beneficiary of the will.
Things get more complicated when a solitary person dies without a will. A family member or friend of the decedent can petition the court to open the estate for probate, and then the court can invite people to take on the role of personal representative. The decedent’s surviving spouse is the court’s first choice of personal representative. If the decedent was widowed or unmarried, the court appoints another family member. It can even invite a friend of the decedent, or a friend can volunteer.
If no family members or friends are available to serve as personal representative of the decedent’s estate, the probate court can appoint a professional personal representative. Most people who serve as professional personal representatives of estates are accountants or probate lawyers. The professional personal representative will make an effort to locate heirs of the decedent while the probate case is open.
Contact a Florida Estate Planning Attorney
An estate planning attorney can help you draft an estate plan if you have no family members who can inherit from you. Contact The Law Office of Laurie R. Chane in Dade City, Florida to discuss your case.
Source:
floridabar.org/public/consumer/pamphlet026/#:~:text=If%20the%20decedent%20did%20not,serve%20as%20a%20personal%20representative.
