PROBATE & TRUST ADMINISTRATION
Guiding you through probate with expertise and compassion, ensuring peace of mind during difficult times.
WHAT IS PROBATE?
HOW ARE THE ASSETS TITLED FOR THE DECEDENT?
If all of the assets of the decedent are jointly titled, then no probate is necessary.
If some assets are solely titled in the decedent’s name, even if some are joint, then a probate is necessary for the solely titled assets.
SUMMARY ADMINISTRATION
A summary administration probate is used when the decedent’s assets are equal to or less than $75,000. It may also be used if the decedent passed away over two years ago. In a summary administration, a personal representative does not need to be appointed.
FORMAL
ADMINISTRATION
A formal administration probate is used when the decedent’s assets are equal to or greater than $75,000 or if Letters of Administration are required. In a formal administration, a personal representative is appointed.
TRUST
ADMINISTRATION
Although a trust administration is not supervised by the Court, the primary goal is to transfer property of the person who has died (“Decedent”) to the beneficiaries who are listed in the decedent’s revocable/irrevocable trust.
MEET YOUR PROBATE TEAM
OUR PROBATE PROCESS
While we do our best to plan out and explain the process, there are many factors that can cause changes. We hold to keeping you as updated as possible throughout the probate process.
You complete the online questionnaire
PRE-SCREENING
PHONE CALL WITH
LAW CLERK
to review all assets to see how they are titled, if there are beneficiaries, and any remaining debts
PHONE CALL
WITH AMY
to discuss the estate and the legal fees associated with opening the probate
Client provides our office with the original Last Will, a short form death certificate, and any other requested documents
WE PREPARE DOCUMENTS TO OPEN PROBATE IN COURT
COURT WILL REVIEW AND SIGN
the Letters of Administration and the Order Appointing Personal Representative
PUBLISH FOR CREDITORS
in the local newspaper and notify known creditors
Identify assets that need to be transferred through the probate process because there is no joint owner, not titled in a trust, or do not have a beneficiary designation
PAY ANY CREDITORS
that filed a legitimate claim with the Court
Prepare accounting of assets, expenses and claims paid
Transfer the remaining assets to the beneficiaries
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What is estate planning?Estate planning is the process of creating a comprehensive strategy to manage your assets during your lifetime, in case of incapacity, and upon your death. The documents created can help you and your loved ones make your life and their lives simpler and easier to manage. Our office knows that estate planning can seem scary and daunting for many people, or may even be something that many people do not think they need. We make sure to fully explain the entire process, the benefits, and the meaning behind each document to give you a peace of mind and help you and your loved ones. We are always here to answer your questions during the process and even long after.
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Why is estate planning important?Estate planning is essential for many reasons: 1. Distribution of Assets: Estate planning controls how your assets are distributed after you pass away based upon your wishes. Without estate planning in place, your assets may be distributed following state laws instead, which could lead to family disputes and unnecessary expenses. 2. Minimizing Probate: With creating an effective plan, he can help you minimize the majority of the time and expenses associated with the probate process. With creating a valid, comprehensive and fully funded Trust, you can even fully avoid the entire process of probate. 3. Protecting Beneficiaries: In the unfortunate event of parents passing away, having an effective estate plan in place can ensure that your beneficiaries, especially minors or beneficiaries with disabilities or on Medicaid, credit issues, alcohol or drug issues, are taken care of in accordance to the parents' wishes. Read more essential reasons in our blog:
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What documents are typically included in an estate plan?At our office, we offer different types of estate plans that are customized and unique for each client. Our usual estate plans consist of Last Will and Testament, Durable Power of Attorney, Health Care Surrogate, Living Will, and HIPAA Authorization. Depending on the situation, the plan may include a individual Trust or a joint Family Trust as well. Other documents our office could draft is a Special Needs Trust (SNT), Qualified Income Trust (QIT), Deed to Trust, and much more. We pride ourselves in not having you pay and sign documents that you do not need. For example, if Amy helps you determine that you do not need a Trust, then we will be completely transparent to you and not try to "upsell" you.
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Why do I need estate planning if I do not have many assets?This is a common misconception around estate planning. Many people think you need to own a home, or even multiple assets, before thinking about your estate planning, but this is not true. Estate planning encompasses such a wide variety including protecting your minor children in the case of your passing, who can help make healthcare and financial decisions for you in the case of incapacity, and the distribution of any and all of your assets to align with your wishes. It is more than just about wealth, it is about ensuring your voice is heard and that you and your loves ones are cared for.
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What is the best age to have my estate planning documents prepared?All estate planning documents in the State of Florida can be signed starting at the age of eighteen. Our office caters to all ages for estate planning starting from young adults to our senior population.
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What if I want to make changes to my estate plan down the road?At our office, we try to make it as simple as possible for you. Once you are a client at our office, we keep your drafts and copies of your signed documents in our system. If you need to change anything on your documents, just give our office a call and discuss the changes with our team and we will have you come in the office to quickly sign the new documents in no time. Here are some examples of when to update your estate plan: - A family member passes away - Your main agent and/or surrogate on your documents becomes incapacitated or passes away - Someone on your documents now becomes untrustworthy - Getting engaged or married - Your health care surrogate changes their phone number - Major financial or health changes with one of your beneficiaries
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What is my "estate?"All property possessed at death before it is transferred by will, trust, joint ownership or beneficiary designation is referred to as your estate. We review all your assets, including real estate, investment assets, bank accounts, retirement accounts, life insurance, annuities, and tangible personal property to look at how each asset is titled, is it exposed to liability, and how is the asset transferred at your death.
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Do I need a will?Last Will and Testament is a document that states your wishes as to how your assets are distributed, but also who is the Personal Representative (executor) of your estate. However, a Last Will and Testament only distributes assets through the probate court process.
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Are my out of state documents valid in Florida?It depends. Most estate planning documents from other states are legal in Florida; however, there may be difficulty using the documents in Florida. It is always important to have your estate planning documents reviewed by a Florida attorney and update anything to conform to Florida law. At our office, we will ask you to bring in or upload all of your current estate planning documents for our team to review during your initial appointment. If there are documents that will hold valid in Florida, we would never try and "upsell" you to recreate those. We will only suggest signing new Florida documents for what is needed. We may need opinion letters from an attorney from your former state on the legality of the document in the other state. For instance, transferring real estate in Florida needs two witnesses and a notary. Many states only require a notary for your power of attorney.
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What is the difference from signing my estate planning documents through an online document preparation service?Online estate planning documents may not always be “Florida” specific, even though the word Florida appears on the documents. For example, many times we see Florida power of attorney documents a client did online that does not conform to Florida law and will not be held valid in the State of Florida. If the person is then incapacitated, we cannot update the documents to conform to Florida law and a court-involved guardianship will likely be needed.
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Do you have any special documents to incorporate our religion?Yes, we do! During your initial design meeting, mention that you would like the special documents for your specific religion. For example, we have a Living Will that is specifically drafted to align with catholicism. This is of no extra charge, we are happy to support you.