ESTATE PLANNING -STEP KIDS AND PROBATE TALES OF WOE
Probate administration is the process where assets are collected and distributed by the court through an attorney who specializes in this area of law, probate law. Probate is required in every state where real estate and other assets are owned in one person’s name alone. Probate administration gets very complicated, expensive, and dragged out, especially with step- kids and spouses in second or third marriages.
WHY ARE STEP-CHILDREN AND SPOUSES FIGHTING?
Step- kids and second and third spouses with other kids complicate the process. Even if they are all adults, there is often disagreements and matters for the court to resolve. A simple will is not enough and often leads to a probate mess.
HOW CAN THESE PROBATE PROBLEMS BE PREVENTED?
Probate problems can be prevented with a clearly written revocable trust. A revocable trust can hold all of your assets in your name alone without paid on death beneficiaries and avoid probate completely if properly done. With trusts, wishes can be clearly stated and explained within the trust document, thus avoiding family fighting regardless of how complicated the situation.
WHY IS PROBATE SO COMPLICATED?
Probate is ruled by the Judge in charge and the county of the probate court. Thus, there are different requirements, rules, and papers to file in each county and even in each Judge’s division. One example is the requirement for bond. Can you imagine having to place a bond to get your money?
DO I HAVE TO POST A BOND TO DO A PROBATE?
A probate bond acts as a guarantee that the executor/ personal representative of an estate will act according to state laws and the terms of the trust or will of the decedent. A trust is only involved when assets remain outside of a trust. Thus, funding a trust is a must!
SHOULD 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 I 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.