Estate Planning, Probate, And When Should I Sell The Real Estate?
As an Estate Planning, Probate, and Trust Attorney in Miami Beach, Florida, I have personally experienced many real estate sales of property from people who have died with assets in probate court. A sale of real estate without a probate is definitely the easier, quicker way to sell real property. When real estate is owned by a trust, the sale is as smooth as if it was the individual herself.
What Is Probate?
Probate is the court process required when a loved one dies with assets in their name alone. So for real estate, probate is a must. For example, Jerry Berry owns a house in Miami-Dade County, he lives there for years, and then he dies. His loved ones now have to hire an attorney to begin a probate case in Miami regardless of an existing will. A will does not prevent the need for probate court involvement; it merely, serves a map for the Judge to follow.
Why Do I Prefer To Sell Real Estate Outside Of Probate Court?
The probate courts are flooded with cases. They are concerned about preserving the assets and thus, have many requirements before a real estate sale can take place. In one of my cases currently, I filed a probate case in Miami-Dade County, and six weeks later, I am still waiting on the official documents to open that case. Documents for an approval of the sale would take even longer to obtain. When selling property individually or owned by a trust, there is no waiting period and the process is private and straight- forward.
Ally Glaser Pa In Miami Beach, Florida Cares
For these examples and more, I prefer to do estate planning before the death of a loved one and prevent the need for creation of both probate and guardianship cases. At Ally Glaser, PA, in Miami Beach, Florida, I do holistic estate planning which covers the individual’s wishes regarding health care, burial or cremation, assets, and their loved ones. Each client is unique and my documents and planning reflect their individuality.
If it is too late for planning and a loved one has died with assets in their own name; I handle probate and trust administration matters with care and concern for the loved ones left behind. I am happy to help you during these challenging times and have over twenty years of experience dealing with these sensitive issues.
How Do I Prevent Probate Court Involvement?
You can prevent the need for probate court involvement by hiring an attorney, like myself, Ally Glaser, with experience in probate court, trust administration, and estate planning issues. Every client is unique and has different aspects to their particular planning. Once we are able to discuss your particular situation, we can begin personally planning for you and your loved ones.