This Thanksgiving, Give Your Family the Gift of Peace: What Really Happens If You Die Without a Will in Florida

Thanksgiving is a time for gathering around the table, sharing stories, passing down traditions, and reflecting on the people we’re grateful for. It’s also one of the rare moments each year when multiple generations are together in the same room — which makes it the perfect time to think about something we often avoid: what happens if your family had to navigate things without you?

It’s not the most festive topic, but it is one of the most loving. As a Bradenton Estate Planning Attorney, I can tell you that one of the greatest gifts you can give your family — right up there with the recipe for that famous pumpkin pie — is a clear and legally valid estate plan.

Because here’s the truth many Floridians don’t realize:

If you die without a Will in Florida, the law decides who gets what… not your family, and definitely not you.

Let’s break that down in a simple, Thanksgiving-appropriate way.

What “Dying Without a Will” Means in Florida 🦃

When someone dies without a Will, they are considered intestate, which means Florida’s intestacy laws take over. These laws do not consider:

• Who you’re closest to

• Who needs help the most

• Who promised to take care of the dog

• Who you meant to leave Grandma’s wedding ring to

• Any private conversations, holiday promises, or “handshake” agreements

  
  

Instead, Florida’s statutes lay out a strict legal order of who inherits — starting with spouses, then children, then more distant relatives.

And sometimes?

It creates chaos. Legal delays. Hurt feelings. Family conflict. And in many cases, a probate process that becomes far more complicated and expensive than it needed to be.

Nothing can sour Thanksgiving leftovers faster.

A joyful family gathers around the Thanksgiving table, raising glasses in celebration and capturing a happy moment together.

Real-Life Problems That Come Up Without a Will 🍂

Here’s what I see regularly in estates where someone passed without a plan:

1. Family conflict (even in the closest families)

People can be reasonable… right up until grief and possessions mix.

Arguments pop up over property, jewelry, sentimental items, or who “should have known” what the deceased would have wanted.

2. Delayed access to funds

Your family can’t easily access your bank accounts or assets until the probate court authorizes someone to act. That can take months.

3. Blended families get hit hardest

Florida’s intestacy rules are not kind to blended families.

A stepchild you raised from birth?

They inherit nothing without a Will.

Formerly estranged or distant relatives?

They may end up inheriting instead.

4. The state decides who is in charge

Without a Will naming a Personal Representative, the court chooses one — and the person picked may not be who you’d trust to manage things.

5. Heirlooms and sentimental items get lost

Intestacy laws divide value, not memory. Your grandmother’s china, your father’s tools, your handwritten recipes — without instructions, these items often disappear, end up in the wrong hands, or spark unnecessary disputes.

Thanksgiving Is the Perfect Time to Plan 🍁

Estate planning isn’t about money — it’s about gratitude, protection, and love.

Thanksgiving brings families together. It’s when we share:

• Stories

• Traditions

• What we’re thankful for

• Hopes for the future

  
  

It’s also a natural opening to start conversations like:

• “Who should be in charge if something happens?”

• “Who gets the family heirlooms?”

• “How do we make sure things are easy for the kids later?”

• “Do we have our Wills, Trusts, or Powers of Attorney in place?”

  
  

I promise — it does not have to be a doom-and-gloom discussion.

It can truly be a conversation about care and preparedness, the same way you talk about emergency plans before a hurricane.

Because planning ahead isn’t morbid.

It’s considerate.

A warm family moment as a gift is passed across the Thanksgiving table, symbolizing gratitude and togetherness.

The Gift of a Will (and the Documents That Go With It) 🧡

A complete estate plan may include:

• Last Will and Testament

• Revocable Living Trust (to avoid probate)

• Durable Power of Attorney

• Health Care Surrogate Designation

• Living Will / Advance Directive.

These aren’t just documents — they’re acts of love. They ensure your family has guidance when it matters most.

No court guessing.

No avoidable fights.

No expensive legal battles.

Just clarity, peace, and direction.

A Thanksgiving Call to Action 🥧

If you want to give your family something meaningful this Thanksgiving — something that lasts long after the pumpkin pie is gone — consider giving them a plan.

As a Bradenton Estate Planning Attorney serving Manatee and Sarasota counties, my role is simple:

Providing caring guidance for life’s transitions — including the one nobody wants to think about.

If you’re ready to create your Will, update an old plan, or finally get those documents off your to-do list, I’m here to walk you through every step with clarity and compassion.

Schedule your complementary consultation today — your future self (and your family) will be thankful you did.