What happens if one dies without a will?
When a decedent dies without a will, Florida statute provides under the laws of intestacy, which is dying without a will, how these assets are distributed. If he has a spouse and no children, then 100% goes to the spouse. If he has no spouse and children, then the assets go equally to his surviving children per stirpes. If he has a spouse and children from that woman or other women, or a spouse, then it goes half to the surviving spouse and half to all of his children from whatever marriages. If there is no spouse and children of multiple marriages, then it goes equally to all his children. If you have no spouse and no children or issue, then it goes up to mother and father. If they’re gone, you need to talk to a lawyer about going to brothers and sisters per stirpes.