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“WAS MY MOM’S LAST WILL AND TESTAMENT DONE PROPERLY?”

I received a call yesterday from a daughter asking me if her mother’s Last Will and Testament was executed properly. She had heard it was not and wanted to check with me. I explained that a Last Will and Testament must be signed by two unrelated witnesses and be notarized. Thus, because her brother was listed as the personal representative and beneficiary, he could not be a witness and therefore, the will was not valid. 

WHAT HAPPENS NEXT?  DO WE NEED MIAMI PROBATE COURT INVOLVEMENT?

Yes, probate court involvement is required in both Miami-Dade and Broward county even if there is a valid will. Once a person dies with real estate, stocks, investments, or bank accounts in their name alone with no paid-on-death beneficiary, a probate case must be initiated in order for the loved ones to receive these assets. An attorney must be hired and then the Florida intestacy statutes rule this case. Thus, the four siblings are now the lawful beneficiaries instead of the one son receiving everything as the will provided. This all could have been avoided with the proper execution of the Last Will and Testament with two disinterested witnesses and a notary. 

DOES ESTATE PLANNING IN MIAMI BEACH PREVENT THE NEED FOR A MIAMI-DADE COUNTY PROBATE CASE?

Yes, estate planning in Miami Beach, Florida if done properly can prevent the need for probate court involvement. If probate court is needed when someone dies with assets in their own name, the end goal is to move all assets into either joint name, add paid on death beneficiaries, or establish documents and fund a Revocable Trust where the real estate and banks and investments are held inside this revocable trust. 

WHEN I CREATE A REVOCABLE TRUST DO I LOSE CONTROL OF MY MONEY?

No, a revocable trust can be created with the owner as the trustee; leaving you full power and control over their assets. Another benefit of a revocable trust is if you become incapacitated or pass away, the successor trustee is now in total control; thus, avoiding the need for probate court involvement. By doing estate planning and funding your trust properly, you can keep your wishes and money matters private. 

WHY SHOULD YOU USE ALLY M. GLASER, PA TO HANDLE YOUR WILLS AND TRUSTS, ESTATE PLANNING IN MIAMI BEACH AND MIAMI-DADE AND BROWARD PROBATE MATTERS?

As a Miami Beach Estate Planning, Wills and Trusts and Probate Attorney in Miami Beach with over twenty-three years of experience and both a Psychology and Law degree, I handle these matters with care and sensitivity. I am familiar and comfortable with both the Broward County and Miami-Dade probate court system and know how to get things done. Call or email me today to discuss your Estate Planning, Wills and Trusts and Broward or Miami-Dade County Probate matters.  I am happy to help you and your loved ones.

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DO I NEED ESTATE PLANNING NOW? WHY DID KOBE BRYANT ALWAYS FLY IN A HELICOPTER WITHOUT HIS WIFE?

Unless we are hit with a terminal disease, death often comes as a surprise for both the decedent and their loved ones. On January 26, 2020, Kobe and his daughter, Gianna, and seven people stepped on that helicopter and did not know that day would be their last. Aside from being a successful retired professional basketball player who mentored kids and teens and players alike and set the bar high for skills and points, he also was an extremely committed father. For example, Kobe and his wife, Vanessa, knew helicopters could be dangerous and thus agreed that only one parent would fly in a helicopter at a time. Thus, preventing the unfortunate event of both parents dying in a helicopter crash. This is a great example of estate planning and how to maximize it. 

WHY DO ESTATE PLANNING NOW?  

The Kobe Bryant example shows us that death can be very unexpected. We can be heathy, happy, successful people and yet accidents can happen. In Kobe’s case, he died leaving a wife and three minor children behind. Estate planning is not just for the terminally ill, estate planning is for parents, people who have loved ones that they want to protect, and people who live together and are not married or have separate assets they want to allocate.

IS ESTATE PLANNING IN MIAMI BEACH JUST A WILL AND A TRUST?

No, estate planning is so much more than a will and a trust. Estate planning is creating a thoughtful plan regarding your assets and loved ones, your health care and wishes, and your personal items. Estate planning includes planning for disasters. I know a few couples who do not fly together in airplanes nor helicopters, thus preserving both their family and their wealth.

WHAT IS PROBATE IN MIAMI-DADE AND BROWARD COUNTY AND WHY WOULD WE AVOID IT?DOES A WILL PREVENT THE NEED FOR PROBATE COURT?

Probate is a court process needed when a person dies with assets in their own name, even if there is a valid will. If a probate is required in Miami-Dade or Broward County, the loved ones left behind must hire an attorney, collect documents that prove proof of ownership, and even prove that they are the lawful heirs if no will exists. Yes, even if there is a will, probate court involvement is still required. 

WHY SHOULD YOU USE ALLY M. GLASER, PA TO HANDLE YOUR WILLS AND TRUSTS, ESTATE PLANNING IN MIAMI BEACH AND MIAMI-DADE AND BROWARD PROBATE MATTERS?

As a Miami Beach Estate Planning, Wills and Trusts and Probate Attorney in Miami Beach with over twenty-three years of experience and both a Psychology and Law degree, I handle these matters with care and sensitivity. I am familiar and comfortable with both the Broward County and Miami-Dade probate court system and know how to get things done. Call or email me today to discuss your Estate Planning, Wills and Trusts and Broward or Miami-Dade County Probate matters.  I am happy to help you and your loved ones.