In Florida, probate is a court proceeding whereby a deceased person's final affairs are resolved and assets are distributed. There are two types of probate in Florida: summary administration and formal administration. In a summary probate, estate assets must not...
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In Florida, as in many states, certain assets belonging to a deceased person pass outside of probate. A few examples are life insurance, annuities, IRA's and 401K's. What each of these have in common is that the owner can designate a beneficiary so that upon the...
As an estate planning lawyer, I protect clients by preparing documents such as Wills, Trusts, Powers of Attorney and Living Wills. These documents play a vital role in protecting individuals and their families in the event of illness, injury, incapacity, and death....
With effective estate planning, probate in Florida can almost always be avoided. This can be accomplished by establishing a Living Trust (also referred to as a "Revocable Trust") and transferring assets into the Trust before death. Avoiding probate may also be...
When you are starting a business in Florida, there are many important decisions you will have to make as you move forward. The choices you make during the formation process will have an impact on the future of your company and the way your business operates. It can be...
With a life insurance policy, the owner can designate beneficiaries, and at the death of the owner, the policy pays the death benefits directly to the designated beneficiaries. The benefits are paid in accordance with the contractual terms of the policy. So long as a...
In Florida, a person's homestead is their principal place of residence and as homestead, the property has certain benefits and protections. These include: (1) exemption for creditor claims; (2) exemption from certain real estate taxes; and (3) protection of spouse and...
We often have clients come into the office to discuss their estate planning. Not uncommonly, the term "homestead" will come up and after some discussion, it becomes clear that there is confusion on use of the term. One of the reasons for this confusion is that, from a...
The term "Estate planning" conjures up a lot of misimpression. It's not uncommon for people to say "I'm not rich like Bill Gates, so why do I need estate planning?" or "I'm young and in good health, so why do I need estate planning?" The fact is, you don't have to be...