ESTATE PLANNING IN MIAMI BEACH, WE ARE MARRIED, DO WE BOTH NEED A TRUST?

Why would one spouse do estate planning and not the other? Two estate plans are best, one for each of you, whether you are a married couple or a couple living together. This way, when one passes, the other has a trust set up to move assets at that time or before to avoid probate court.  

WHAT BENEFIT IS THERE TO ONLY ONE SPOUSE PLANNING? 

Estate planning is individualized and necessary for each spouse or significant other to optimize the benefit. One spouse planning is not enough, even if one spouse owns all of the assets, both spouses need estate planning. For example, the spouse with money dies first and leaves everything to the surviving spouse, if there are two trusts, it can easily go from the decedent’s trust into the survivor’s trust. Thus, creating an easy solution. 

HOW DOES PROBATE COURT WORK FOR SPOUSES? IS IT EASIER?

Probate for spouses legally married is the same for single people; it is not easier. A probate case with a probate attorney is required to collect and distribute funds if the person dies with assets in their name alone with no paid-on death beneficiary. These cases take months or even years to sort out in probate court and can easily be prevented with a properly funded revocable trust. 

WHAT IS A REVOCABLE TRUST?  CAN’T I JUST DO A WILL?

A will does not protect you or your loved ones. With a will probate court is still required. The will serves as a map for the Judge in the court, but does not prevent probate court from happening. A revocable trust is a great option for anyone with assets and loved ones. A revocable trust keeps things private and is handled outside of court. If young children are the beneficiaries, you can designate the ages they can receive the money outright, or keep it in trust for their health, maintenance, education, and well-being. A revocable trust may hold all of your assets or just a few. For example, titles to real estate, company shares, investments, bank accounts, and other assets may all be placed into a revocable trust. 

WHY WOULD I USE ALLY M. GLASER, PA TO HANDLE MY WILLS AND TRUSTS, ESTATE PLANNING, AND PROBATE MATTERS?

As an Estate Planning, Wills and Trusts and Probate Attorney in Miami Beach, Florida with over twenty-eight years of experience and both a Psychology and Law degree, I handle these matters with knowledge and sensitivity. I am familiar and comfortable with both the Miami-Dade probate court system and Broward County probate court and know how to get things done. I handle both estate planning and probate cases, thus, I am familiar with the challenges of each and provide my clients with additional protections. Call or email me today to discuss your matters.  I am happy to help you and your loved ones during this important process.