Could this story be any more horrifying?  The partially mummified remains of legendary actor, Gene Hackman, age 95, and his wife, Betsy Arakawa, age 65, were found in their Santa Fe, New Mexico home on Feb. 26, when neighborhood security workers showed up at the home and alerted police. Authorities say Arakawa passed away on February 11th, after contracting a rare rodent-borne virus, called hantavirus pulmonary syndrome. It appears that Hackman, age 95, died of heart disease with complications from Alzheimer’s disease about a week after his wife died.

The couple was found dead in separate rooms of their four-million-dollar home. Arakawa was found in the bathroom with pills scattered nearby, while Hackman was in the back of the house, wearing sweatpants and slippers, his cane, and sunglasses beside him. Even sadder, Hackman’s dog, Zinna, a kelpie mix, likely died from dehydration and starvation after being found dead in a crate near Arakawa’s body.  Which leaves us wondering…what happens when an entire family dies?

Let us dissect. Hackman’s estate is worth approximately $80 million. He is survived by three children from a prior marriage. His wife, Arakawa, had no children. In a twist straight out of a legal drama, probate court documents reveal that in 2005, Hackman and his wife each signed updated Last Will and Testaments (“Will”), leaving everything to one another. But with both now gone, the fate of their combined estate has taken a dramatic turn — it is now in the hands of an appointed estate representative, tasked with untangling the couple’s final wishes.

Since Hackman’s Will did not include an alternative beneficiary other than his wife, the value of their joint estate will now be dealt with under New Mexico’s intestacy laws. This means that Hackman’s children could inherit his fortune, despite not being named in his Will. The estate will go through probate court, and the assets will be divided according to intestate succession rules where the children, as his closest relatives, would be next in line to inherit.

What Are Intestacy Laws and How Do They Work in Florida?

If something like this were to happen in Florida, what would happen with the estate? In Florida, when someone dies without a valid Last Will and Testament, they are said to have died “intestate.” That is where intestacy laws come in. These are legal rules that decide who inherits the person’s money, property, and belongings when there is no Will. Or in Hackman’s case, even though there is a Will, it names beneficiaries who are also deceased, hence causing his estate to be treated as an intestate estate.

In Florida, the law has a set order for who gets what, covered by Florida Statute § Sections 732.101–109. The closest family members are first in line:

• If the person was married and had no children from another relationship, the surviving spouse usually gets everything. But if there are children from a previous relationship, the estate is split: the surviving spouse may get half, and the other half goes to the children in equal shares.
• If the person was not married at the time of their death, their children inherit everything in equal shares. If there are no children, then the estate could go to the decedent’s parents. If the parents are also deceased, it moves to surviving siblings in equal shares, then nieces and nephews, and so on down the family line.
• Florida’s intestacy laws do not consider friends, unmarried partners that live together, or charities as legitimate beneficiaries.
• If there are no living relatives at all that come forward to claim the inheritance, the estate could eventually go to the state of Florida (called escheating). Any family member that later discovers the death and wants to claim the inheritance must claim it directly from Florida’s Unclaimed Property website (FLTreasureHunt.gov).

Before anyone gets anything, the estate has to go through a legal process called probate administration. During probate, the court makes sure all debts of the decedent are paid off and then divides the remaining assets according to Florida’s intestacy laws.

In short, intestacy laws in Florida are like a backup plan. Not a particularly good one. By understanding the probate process and exploring additional estate planning tools, you can ensure that your wishes are fulfilled efficiently, providing peace of mind for you and your family. Remember that if you do already have a Will, it is important to regularly review your Will to make sure that it still correctly reflects your wishes and current circumstances, particularly on the occurrence of any significant life event such as a birth, death, marriage, or divorce.

By hiring our firm, you are engaging an experienced team that will oversee the execution of your Will to ensure all the legal formalities are met. Contact us for a free phone consultation at (954) 251-0332 or info@ocestatelawyers.com. Our attorneys are fluent in English, Spanish, and Russian.