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What Happens to My Brother’s Money If He Passes Away? (Inheritance Guide)

Updated: 2 days ago


Florida Probate Money


A caller recently asked us this exact question:

“My brother is sick. Mom just gave each of us kids $113,000. He’s not married but has a girlfriend he’s been with for over 12 years. She has no money. If he passes, does she get the money in his bank account?”

Here is the exact answer based only on what we explained in that call:

While Your Brother Is Still Alive

  • If the bank account is in his name only, the girlfriend has no access at all.

  • She can only get money if he personally gives it to her.

  • Unless he added her as a joint owner on the account (which most people don’t do when they’re not married), she cannot touch it.

If He Passes Away

  • If he never added her as a Payable-on-Death (POD) beneficiary on the bank account → she gets nothing from that account.

  • If he has no POD beneficiary and no will, everything goes through Florida’s intestate succession rules:

    • No spouse and no children → money goes to his parents (if still living).

    • If parents are gone → money splits between siblings.

  • A girlfriend, even after 12+ years, gets zero under Florida intestacy law unless he specifically names her.


The Probate Problem

If there is no POD beneficiary and no trust, the bank account will most likely have to go through probate. We see this all the time: the amount left in the account is about the same as what it costs to do a probate, so the money just sits there frozen — or the family never bothers because of the probate fees, which is a ridiculous reason, when the benefits out way the costs!


Inheritance Bottom Line: Florida Law

If she is not a joint owner right now → she has no access while he’s alive. If she is not listed as POD and there’s no Will naming her → she gets nothing when he passes. The money would go to parents or siblings, and it will probably get tied up (or lost) in probate.


If you’re in Florida and have more questions about inheritance, estate planning, or asset protection, feel free to reach out — we’re the Non-Stuffy Attorneys — atCause Law Office.



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