HOW LONG DOES PROBATE COURT TAKE IN MIAMI-DADE COUNTY AND BROWARD COUNTY, FLORIDA?
Probate in both Miami-Dade and Broward county is taking on average four to six weeks or longer to get opened once all of the papers are filed. Then if the person died less than two years ago, a notice to creditor is required, that is an additional three months of waiting to see if any creditors file claims. The waiting continues as the files are reviewed taking many months or a year for seemingly simple probates. To avoid the long waits, I recommend planning ahead and either doing a revocable trust with proper funding or making sure all assets have paid on death beneficiaries in less complicated situations. My most recent probate just completed in eight months and was fairly simple with only one bank account. The entire case could have been prevented with a paid- on death beneficiary on the bank account.
WHAT IS A PAID ON DEATH BENEFICIARY ?
A paid- on death beneficiary is a person named to receive the asset should the owner pass away. In my example above of my avoidable probate with only one bank account, the owner simply could have told his bank to put his sister and given her name and information and she could have received the money with proper identification and a certified death certificate. Instead, we began the Miami-Dade probate process, by filing her brother’s will and publishing the notice to creditors to see if any existed. The process ended eight months later with her getting the same check she would have gotten had he put her name as a paid-on death beneficiary.
DOES ESTATE PLANNING IN MIAMI BEACH, FLORIDA PREVENT A MIAMI-DADE PROBATE? IF I OWN REAL ESTATE DO I NEED A REVOCABLE TRUST?
Revocable trusts are part of estate planning tools and can be very useful when real estate and businesses are owned. By creating a revocable trust and properly putting assets inside the trust, you can prevent probate court involvement. Revocable trusts may also be used to prevent guardianships, if needed.
DOES ESTATE PLANNING IN MIAMI BEACH PREVENT FIGHTING AMONG FAMILY MEMBERS?
Estate planning can definitely prevent fighting. By clearly stating the owner’s wishes and funding everything according to the plan, peaceful resolution is available. Please contact mewith your Estate Planning, Wills and Trusts, Trust Administration, and Broward or Miami-Dade County Probate matters. I am happy to help you and your loved ones.