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ESTATE PLANNING AND REAL ESTATE

 ESTATE PLANNING AND REAL ESTATE

Estate planning is important when you own real estate. How should title be held? Who should be the owner? How can this real estate pass to my loved ones upon my death without the need for probate?

HOW DO WE DO ESTATE PLANNING FOR REAL ESTATE?

The first step to estate planning with real estate is to look at the current owner and the goals of that owner. For example, a client came to me for estate planning and sadly her house had been placed in a life estate with no protective language for her to sell or change her mind.  A life estate must be coupled with an unrestricted power to convey during Grantor’s lifetime. This allows that Grantor (the giver) to sell, mortgage, lease, collect the sale proceeds, and do as they wish until their death. Upon their death, the person left the remainder now owns the real estate, and probate may be successfully avoided.

WHAT ARE OTHER ESTATE PLANNING OPTIONS FOR REAL ESTATE ? SHOULD WE USE A REVOCABLE TRUST?

When one person owns real estate in their own name, they can do a revocable trust and move that property into the trust, thus avoiding probate and safe guarding their wishes. This is more effective than a life estate because whereas a life estate names one person or two and they could also pass away, a trust can create a few options, thus, protecting the creator/grantor/trustee from both probate and guardianship at the same time. Also, in the case of a trust, the property could be held for the benefit of minors for safe keeping until they turn a specified age as stated in the revocable trust.

WHAT ABOUT HOMESTEAD EXEMPT REAL ESTATE?

Real estate with the Florida homestead exemption may also be placed in a revocable trust and can continue to benefit from the homestead exemptions by using proper language on the trust and deed. In Miami-Dade County, these deductions can be confirmed by checking your tax bill and even researching your property on miamidade.gov by doing a property search. For Broward county, you may search your property on bcpa.net.

WHY SHOULD YOU USE ALLY GLASER, PA?

As an Estate Planning, Probate, and Trust Attorney in Miami Beach, Florida, I have over twenty years of experience and handle these matters with the sensitivity they deserve. My psychology degree, law degree, and years of experience allow me to handle all clients matters with the proper care and attention to detail. Call or email me today to get started on your personalized estate plan, trust administration, or probate matter.

 

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ESTATE PLANNING FOR SECOND MARRIAGES

 ESTATE PLANNING AND SECOND MARRIAGES

Estate planning for second marriages can be complicated especially when we add separate kids and assets to the equation. So how do we do this in the most protective, compassionate way for everyone?

 

HOW DO WE DO ESTATE PLANNING FOR SECOND MARRIAGES?

The first step to planning with second marriages, with separate kids and assets, is to have a meeting with the couple and find out their goals for estate planning. For example, I have a couple on their second marriage and one has kids and much more money than the other spouse. They will benefit greatly from the unlimited spousal exemption tax law, but giving the money or assets outright  to a spouse will prevent the ability to plan for the other’s heirs.

 

WHAT ARE THE OPTIONS IN SECOND MARRIAGES?

There are many different ways to create estate planning for second marriages. One way is to leave everything to the other spouse. Another strategy is to leave everything in trust for the kids or grandkids and allow the trust to be used for the spouse’s benefit during life for health, maintenance, comfort, etc. Finally, a combination of outright gifts and trusts can also be created depending upon the desired outcome.

WHAT ABOUT COUPLES WHO LIVE TOGETHER FOR MANY YEARS BUT ARE NOT MARRIED?

Couples that live together for many years and have assets and kids together or separately will also benefit from estate planning. Florida does not honor common law marriages and thus, regardless of the time spent living together, the relationship will not be treated the same as a marriage. Estate planning documents can provide these protections that the laws in Florida are missing.

WHY SHOULD YOU USE ALLY GLASER, PA?

As an Estate Planning, Probate, and Trust Attorney in Miami Beach, Florida, I have over twenty years of experience and handle these matters with the sensitivity they deserve. My psychology degree, law degree, and years of experience allow me to handle all clients matters with the proper care and attention to detail. Call or email me today to get started on your personalized estate plan, trust administration, or probate matter.

 

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ESTATE PLANNING FOR MINORS- WHY DO YOU NEED IT?

ESTATE PLANNING-WHY DO YOU NEED IT?

Today I received a troubling phone call and was inspired to share it so that maybe other situations like this can be prevented. A young woman in her twenties called and said her mother and grandmother had died when she was very young and left her money, but that the designated person in the will and trust did not give her the money. She now wants to go to law school and wishes she had the money to do so. As a probate, trust, and estate planning attorney, I get many calls relating to planning and probates and trusts. Some of these calls are troubling as the situation could have been prevented with proper estate planning.

HOW CAN WE PROVIDE FOR MINOR CHILDREN?

Whether the minor children are your own or children that are close to you, they need to be protected. Proper estate planning could have sent the granddaughter to law school and more. The mother and grandmother could have hired an attorney who created revocable trusts with special restrictions due to the minors age. With proper estate planning, the grandmother could have controlled and used the assets during life for granddaughter’s benefit. Upon the grandmother’s death, the remaining monies could have remained in trust until the granddaughter reached the age of 21 or more while a responsible successor trustee carried through the mother’s original wishes. When there are no good successor trustee possibilities, a bank or financial institution can be appointed to watch over these monies. A CPA or financial planner may also be appointed, as their licenses hold them to a higher standard, making them a better choice.

WHAT KIND OF RESTRICTIONS CAN BE PUT INTO A REVOCABLE TRUST?

There are many restrictions that can be put into revocable trusts. Many of my clients have individualized requests for restrictions and specific needs; for example, a child who is now an adult and bipolar may have a trust for life where an alcoholic may obtain a portion of the assets upon proof of sobriety. Another example, is a client couple with adult children who overspend; specific language may be placed into these trusts where they can have the money in stipends for health, daily living, education, etc., while the trust corpus remains invested and grows throughout their lifetime.

WHY IS IT SO IMPORTANT TO CHOOSE THE RIGHT TRUSTEE FOR YOUR TRUST?

When creating a trust, my clients and I spend time discussing the right choice for their trustee and detailing what happens after they pass away. Choosing the right trustee for you is paramount to estate planning. Creating a revocable trust specific to your situation is necessary to properly protect your loved ones. As you can see from the example above, the daughter/granddaughter would have money today to attend law school had proper planning been done.

WHY SHOULD YOU USE ALLY GLASER, PA?

As an Estate Planning, Probate, and Trust Attorney in Miami Beach, Florida, I have over twenty years of experience and handle these matters with the sensitivity they deserve. My psychology degree, law degree, and years of experience allow me to handle all clients matters with the proper care and attention to detail. Call or email me today to get started on your personalized estate plan, trust administration, or probate matter.

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ESTATE PLANNING AND TRUSTS- HOW CAN I PREVENT PROBATE COURT INVOLVEMENT?

ESTATE PLANNING AND TRUSTS-HOW CAN I PREVENT PROBATE COURT INVOLVEMENT?

As a probate, trust, and estate planning attorney, I get many calls relating to these matters. Some of them are troubling as the situation could have been prevented with proper estate planning. For example, a mother called me to ask if I could do a probate for the family. Her son had died and left no will and a house that the mother was living in and bank account. The mother had paid for the house and put it in the son’s name. He was in the process of getting divorced, but was not yet legally divorced. As there was no will or trust and no children, the Florida probate statute for intestacy controls this matter and the soon to be x-wife will most likely get the house.

ESTATE PLANNING-HOW COULD THIS SITUATION BEEN PREVENTED?

Proper estate planning could have prevented this situation. The decedent’s mom could have bought the house and placed it in her trust to go to her son in the case of her death. By putting the house in her son’s name, it becomes a questionable asset now for the impending divorce and certainly upon her son’s death.

ESTATE PLANNING-WHAT ARE THE FABULOUS FIVE?

1) A Revocable Trust- A trust prevents probate and guardianship court proceedings if done properly. A trust allows you to state at what ages your kids or loved ones can inherit. A revocable trust can be changed at any time and is a forever evolving document. Real estate and bank accounts can be placed into the trust and if sold, can be removed from the trust at the time of the sale.

2) A Pour Over Will- This document is similar to a regular will, but is more protective. It goes with a trust and moves assets into trust with probate court approval when something was left out of trust. For example, a newly purchased apartment. This document also states burial or cremation wishes and related matters.

3) Power of Attorney- This is used in the case of incapacity and can either be limited or general.

4) Health Care Surrogate-This document states who makes health care decisions for you if you are unable. This is very important as we want to prevent the Terry Shiavo case situation. Terry was on life support for many years while her husband and parents fought in a court battle.

5) Heath Care Directive-This document allows for the person to state their health care preferences while they are capable and healthy.

WHAT ARE OTHER ESTATE PLANNING TOOLS?

There are many other estate planning tools. There are irrevocable trusts, charitable trusts, and tax saving vehicles. These are an investment in time and money to create and are only needed in certain circumstances.

WHY SHOULD I USE ALLY GLASER, PA?

As an Estate Planning, Probate, and Trust Attorney in Miami Beach, Florida, I have over twenty years of experience and handle these matters with the sensitivity they deserve. My psychology degree, law degree, and years of experience allow me to handle all clients with the care they deserve. Call or email me today to get started on your personalized estate plan or probate matter.

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HOW IS ESTATE PLANNING AFFECTED BY DIVORCE?

HOW IS ESTATE PLANNING AFFECTED BY DIVORCE?
A divorce causes radical changes in a person’s life both personally and financially. In most cases, all beneficiary designations must be changed. For example, bank accounts, insurance policies, life insurance, retirement investments, and all other investments. If children are involved, the need to plan and care for them with love and compassion is of utmost importance. Many people falsely believe that a divorce cancels out all documents, estate plans, and beneficiary designations.

ESTATE PLANNING AFTER DIVORCE
Once a divorce is finalized, a new and improved estate plan must be created. The assets are usually divided in a divorce so once finalized, you can properly plan. At that point, you will know your current assets and can work on creating a new trust and transferring your assets into your updated trust with your current wishes.

WHO WILL GET CUSTODY OR GUARDIANSHIP OF MY CHILDREN AFTER I DIE?
If children are under 18 years of age and one parent passes away, the other parent usually gets full custody of the children. There are exceptions- a parent who has been proven unfit and lost custody may be prohibited from having that privilege. The other option is an appointed guardian in a will. This is a good idea even if there are two fit parents as an alternate is now named.

IF I REMARRY, HOW IS MY ESTATE PLAN AFFECTED?
Once divorced, and now remarrying, a new estate plan may need to be created. This is especially important in blended families where there are many children involved. A premarital agreement is a good planning tool before the marriage as it states your wishes and assets and holds them separately and states both parties wishes regarding death and divorce. Estate planning and pre-nuptual agreements and post-nuptual agreements go hand in hand. A cohabitation agreement is a useful tool for those individuals living together and not married.

HOW ARE MY TAXES AFFECTED?
In high net worth situations, a divorce may create a significant tax issue. Under current federal law, an individual can currently pass up to 5.49 million to heirs and pay no federal estate tax or gift tax. A married couple will be able to shield just shy of $11 million ($10.98 million) from federal estate taxes and gift taxes. The annual gift exclusion remains at $14,000.00 for 2017 per beneficiary. For example, as a result of divorce, a person with 7 million dollars will benefit from tax related estate planning that may have not been needed while they were married.

WHAT OTHER DOCUMENTS NEED TO BE REVIEWED AND UPDATED AFTER A DIVORCE?
The usual estate planning documents need to be reviewed; for example, all trusts, wills, power of attorney, and health care documents. Financial documents such as beneficiary designations for retirement accounts, bank accounts, annuities, and life insurance must be checked and changed, in most cases. Titles to property such as real estate, cars, investment properties, all should be changed in most cases.

WHY SHOULD I USE ALLY GLASER, PA FOR ESTATE PLANNING AFTER A DIVORCE?
As an Estate Planning, Probate, and Trust Attorney in Miami Beach, Florida, I have over twenty years of experience and handle these matters with the sensitivity they deserve. I have negotiated second marriage trust planning with ease, leaving the couple happy and protected both as a couple and individually. My psychology degree, law degree, and years of experience allow me to handle divorced clients and all clients with the care they deserve. Call or email me today to get started on your personalized estate plan.

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WHAT DO HURRICANES AND ESTATE PLANNING HAVE IN COMMON?

WHAT DO HURRICANES AND ESTATE PLANNING HAVE IN COMMON?
Hurricane Irma blew through our state causing mass destruction and power outages throughout the state of Florida. Many people are left suffering even though Irma is gone and new hurricanes are now being tracked and closely followed. Like estate planning, some of the suffering caused may have been prevented by proper planning.

FAILING TO PREPARE IS PREPAING TO FAIL.
In a hurricane, we must buy batteries, flash lights, and water and food to last us days and maybe even weeks if needed. Similarly, to do a proper estate plan we must prepare. We must state our wishes clearly, sign applicable documents, and fund our trusts with assets. The creation of a trust is important and helpful, yet, the funding is most important as it is the step where the assets are officially transferred over to the trust. When this is done properly, these assets are now owned by the trust.

WHAT HAPPENS IF THERE IS NO ESTATE PLAN? PROBATE COURT INVOLVEMENT IS REQUIRED.
If no estate planning exists and a person dies with assets in their own name, probate court involvement is required to transfer those assets from the decedent to their heirs or loved ones. This can be done with a will and is called a testate probate or without a will, intestacy.

HOW DOES PROBATE COURT WORK?
Probate is the court process where an attorney must be hired by the loved one’s of the decedent to collect and distribute the assets. The process is ruled by Florida law and if an original will is provided, the will may guide the Judge regarding the decedents wishes. Once probate begins, the Judge is in charge of all of the details of the decedent’s estate. Probate includes the court deciding when real estate can be sold, the sales price, and to whom. The court will also decide many other personal family matters, for example, if a family business should be sold and to whom and when. Even the opening of a safe deposit box becomes a court ordered event in the case of the decedent owning it in their own name.

HOW DO I AVOID PROBATE?
By creating a revocable trust and funding it properly, probate may be avoided. A properly funded trust keeps matters private within the family and avoids probate court involvement. A safe deposit box, bank accounts, investment, real estate, and even business shares can be owned by a trust.

WHAT ARE THE BENEFITS TO ESTATE PLANNING?
When proper estate planning has been accomplished, that individual is protected both in the case of incapacity and/or death and probate court can be avoided. This is a huge benefit to the loved ones; personal matters may now be kept private. As an Estate Planning, Probate, and Trust Attorney in Miami Beach, Florida, I have over twenty years of experience and handle these matters with the sensitivity they deserve.

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HOW CAN I LEAVE A LEGACY THAT MAKES ME PROUD?

HOW CAN I LEAVE A LEGACY THAT MAKES ME PROUD?
I attended another great funeral today. The man was 90 and lived a long life. He came from modest means and created a successful family office with many prosperous divisions. The most successful part about him was his family and the legacy he is leaving behind. As he lived his life and had several marriages, he always made sure the children were part of the equation which lead to a strong sense of identity and family unity among them. This was special in that every child and grandchild are treated as equals. All of the children work for the family office and are involved in their family business. This created a strong work ethic, where children grew up valuing the dollar and giving back to the community.

ESTATE PLANNING IS MORE THAN A SET OF DOCUMENTS-CHARITABLE TRUSTS
A big part of the estate plan are the documents, but the better part, the more human element is what are they based on? For example, some of my clients are grateful for their wealth and success and form a charitable trust. This gives back to the community and can be filled with information regarding the grantor’s specific wishes and desires. A charitable trust can be created to be funded after the second spouse dies and then go to the cause or that is most important to the couple. A charitable trust also helps teach kids and grandkids about giving back as the generations move on and grow-up they may be in charge of selecting the recipients.

I DO NOT WANT TO CREATE A CHARITABLE TRUST, BUT WANT TO GIVE SOME MONEY TO CERTAIN CHARITIES AT MY DEATH OR AT MY CHILDREN’S DEATH
The best part about trusts is that they are documents that can state your wishes for the future and are created while you are competent and alive. Thus, a trust allows you to create a vision and upon incapacity or death, it goes into effect. For example, one of my client’s trusts states that upon his death, his trust gets divided among his surviving relatives and ten favorite charities. These charities are listed in both name and amount.

WHAT IS THE DIFFERENCE BETWEEN AN IRREVOCABLE TRUST AND A REVOCABLE TRUST?
In a revocable trust, the grantor is the trustee and he or she runs the trust and the assets inside of the trust while they are competent and alive. At death that trust becomes irrevocable and the successor trustee then takes over. An irrevocable trust may provide creditor protections and may result in tax savings, but are much more restrictive. For example, an irrevocable trust requires a third party as the trustee and limits the grantor’s involvement.

HOW DO I AVOID PROBATE?
By creating a revocable trust and funding it properly, probate may be avoided. Probate is the court process where an attorney must be hired by the loved one’s of the decedent to collect and distribute the assets. Once probate begins, the Judge is in charge of all of the details of the decedent’s estate. Probate includes the court deciding when real estate can be sold, the sales price, and to whom. The court will also decide many other personal family matters if they have not been previously stated in a revocable trust. A trust keeps matters private within the family and avoids probate court involvement if funded properly.

WHAT ARE THE BENEFITS TO ESTATE PLANNING?
When proper estate planning has been accomplished, that individual is protected both in the case of incapacity and/or death. This is a huge benefit to the loved ones. We do estate planning to leave our legacy, at times give to charity, and to protect and make it easier for those we leave behind. As an Estate Planning, Probate, and Trust Attorney in Miami Beach, Florida, I have over twenty years of experience and handle these matters with the sensitivity they deserve.
I treat an estate plan as more than just a set of documents, knowing this legacy is special and meaningful to the family and loved ones left behind.

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ESTATE PLANNING FROM AN EMOTIONAL PARADIGM HOW DO I SURVIVE WHEN MY LOVED ONE IS DYING?

 ESTATE PLANNING FROM AN EMOTIONAL PARADIGM

HOW DO I SURVIVE WHEN MY LOVED ONE IS DYING?

A dying loved one can cause emotional, financial, and time constraints. The challenges are huge. The benefits are fewer, but being able to say goodbye is a big gift. Enjoying your loved one and living in the moment is key to those last months together. As a Probate, Trust, and Estate Planning Attorney, I have seen first hand the sadness and stress that illness has on the loved ones left behind.

ESTATE PLANNING FROM A HUMAN PERSPECTIVE

WHAT CAN YOU DO TO HELP YOUR LOVED ONE MAKE THE PROCESS EASIER?

  • Write letters to each other. Doing this is cathartic for both loved ones and can help ease the emotional pain. You can make it a celebration and exchange the letters together.
  • Do a holistic, comprehensive estate plan that covers all aspects of their health care, financial matters, and wishes for their beneficiaries upon their passing. Do this with an attorney who has experience in this area of law. At Ally Glaser, PA, I give my clients the power to choose by assisting them with estate planning while they are able.
  • Get everything out of their name so that probate is avoided. For example, a revocable trust can be created and all assets can be placed into the trust now while they are still alive. This can avoid both probate and guardianship issues in the future. Another option is to do payable on death beneficiary designations. Some investment accounts and real estate do not allow for this option and thus, a trust is a must. A will does not avoid the requirement of probate court, it merely helps the Judge determine the beneficiaries.
  • Finalize any burial plans. Does your loved one prefer burial or cremation with a sprinkling at sea? Get these details documented by an Estate Planning Attorney. You can buy a prepaid funeral plan for services, cremation, mausoleum, grave burials, and many other items. You can even make pre-paid arrangements to cover the costs for the hiring of the boat and the sprinkling at sea.
  • Enjoy every last minute with them. Some ideas for you to enjoy are extended family cruises; one family took all the kids and grandkids to Club Med. Another couple went on a romantic cruise to celebrate their anniversary; they were greeted with rose petals and balloons in their room. A mother and daughter recently went to a hotel to exchange their letters and spend quality time together.
  • Most importantly, they will have good and bad days and they need your love and support. The process is difficult and challenging; you can get through this.

WHY SHOULD I USE AN EXPERIENCED PROBATE, TRUST, AND ESTATE PLANNING ATTORNEY?

As an attorney in Miami Beach, Florida with over twenty years of experience, I am knowledgeable and comfortable discussing estate planning matters and all of the details involved in creating a personalized estate plan for you. I am skilled in protecting both your assets and loved ones and have both a law and psychology degree allowing me to easily navigate through this sensitive area of law. I am happy to help during this extremely difficult time.

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HOW IS REAL ESTATE EFFECTED BY A DEATH OF A PART OWNER?

 ESTATE PLANNING, REVOCABLE TRUSTS, AND PROBATE IN MIAMI BEACH

Today I am moving back into my home after being tented for termites.  Some of us are good with change and others are not.  Each time I have to leave my house whether it’s for a good event as in a family vacation or a stressful event, for example, being tented for termites and having to move out for days, I feel it personally.  All humans resist change for the most part and some are better at adapting than others. In the case of a loved one dying, there is nothing that we survivors can do, but ride the waves of change. Estate planning gives loved ones that peace of mind that financial and health care decisions have been handled and thus, the loved ones left behind, can focus on mourning a loss and adjusting to a new life, and that is difficult enough. As a Miami-Dade County Estate Planning, Trust, and Probate Attorney, I give people peace of mind by allowing them to choose their heath care and memorial in addition to planning and creating how their assets are managed and loved ones cared for even after they pass away.

WHAT IS PROBATE AND HOW DOES IT EFFECT THE LOVED ONES LEFT BEHIND? HOW IS REAL ESTATE AFFECTED BY THE DEATH OF A PART OWNER?

Probate is the process that is required by law if someone passes away with assets in their own name and no paid on death beneficiary exists. For example, real property in a decedent’s name, now must be handled and transferred or sold through the probate court. Even if real estate is left in two names, if the intent is not specifically stated, this asset can end up in probate court also. I have gotten many calls lately where the people are part owners of real estate in Miami Dade County and the other owner has passed away. This is complicated, expensive and a mess that can be prevented. Once a Miami-Dade probate begins, the bank accounts, businesses, real estate, and all other items owned by the decedent, become restricted and limited to court ordered actions. That means that all activity related to the decedent’s property must be handled by the probate court.  Probate court involvement can be by will or no will, if none exists. A will does not avoid probate court being required, it merely helps the Judge determine the beneficiaries.

CAN ESTATE PLANNING PREVENT PROBATE?

Yes, proper estate planning, if done correctly, may avoid probate and the court process. Estate planning clearly states a person’s wishes and intentions regarding their finances and health care. At Ally Glaser, PA, I give my clients the power to choose by assisting them with estate planning while they are able. Probate happens after a loved one passes away and thus, they do not get to choose. Sadly, nor do the loved ones who are now in charge of sorting out the assets, debts, and loved ones left behind. For example, if someone had a business or a house in their own name alone and they pass away, the probate court is now in charge of deciding who should buy the real estate property and at what price and who should run the business or if it should close. Even if real estate is left in two names, if the intent is not specifically stated, this asset can end up in probate court also. Usually, the bank accounts, businesses, real estate, and all other items owned by the decedent, become restricted and limited to court ordered use. In other words, things get very complicated. This problem is compounded by the extremely busy and underfunded Miami-Dade County Probate Court.

WHAT IS ESTATE PLANNING? WHAT IS A TRUST?

For me, Ally M. Glaser, estate planning is the process of creating documents to match my client’s wishes while protecting their loved ones and assets in the case of death or incapacity. A trust can protect you in Florida from probate and guardianship court involvement personally and can also hold the assets for minor beneficiaries and prevent a guardianship from being required for their inheriting money at too young an age. The first step of creating a trust in Florida is to hire a trust attorney.  I am experienced in Trust creation and can assist you in these matters.

WHY SHOULD I USE AN EXPERIENCED PROBATE, TRUST, AND ESTATE PLANNING ATTORNEY?

As an attorney in Miami Beach, Florida with over twenty years of experience, I am knowledgeable and comfortable discussing estate planning matters and all of the details involved in creating a personalized estate plan for you. I am skilled in protecting both your assets and loved ones and have both a law and psychology degree allowing me to easily navigate through this sensitive area of law.

ALLY GLASER PA IN MIAMI BEACH, FLORIDA IS UNIQUE

My firm, Ally Glaser, PA, in Miami Beach, Florida, is a unique, boutique law firm. We do holistic estate planning and also 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.

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PROBATE COURT IS REQUIRED WHEN SOMEONE DIES WITH ASSETS IN THEIR OWN NAME

ESTATE PLANNING, REVOCABLE TRUSTS, AND PROBATE IN MIAMI BEACH

Today is Memorial Day. On Memorial Day we honor those who have fought for our freedom and remember those that have past away. By doing estate planning, people can create their own Memorial Day in a sense. They can state how they want to be remembered, and if they want to be buried or cremated. They can choose a celebration of life or a traditional memorial. As a Miami-Dade County Estate Planning, Trust, and Probate Attorney, I give people peace of mind by allowing them to choose their own memorial in addition to planning and creating how their assets and loved ones are managed even after they pass away.

 

WHAT IS WRONG WITH PROBATE COURT AND THE COURT PROCESS THAT IS MANDATORY IF SOMEONE PASSES AWAY WITH ASSETS IN THEIR OWN NAME WITH NO PAID ON DEATH BENEFICIARY?

At Ally Glaser, PA, I give my clients the power to choose by assisting them with estate planning while they are able. Probate happens after a loved one passes away and thus, they do not get to choose. In fact, nor do the loved ones who are now in charge of sorting out the assets, debts, and loved ones left behind. For example, if someone had a business or a house in their own name alone and they pass away, the probate court is now in charge of deciding who should buy the real estate and at what price and who should run the business or if it should close. Usually, the bank accounts become restricted and limited to court ordered use. In other words, things get very complicated. This problem is compounded by the extremely busy and underfunded Miami-Dade County Probate Court.

 

HOW CAN I AVOID PROBATE WITHOUT ESTATE PLANNING?

Estate planning is the best option as estate planning allows the individual or couple the freedom to choose now regarding their future health care, and financial matters. If an individual has only one bank account or one life insurance policy, then a paid on death beneficiary can be named and probate may be avoided. But, if the beneficiary is a minor, then a guardianship may need to be established; or if that same person became incapacitated or unable to manage their own affairs, then they would need their own guardianship to help in their care.  Trusts can be used to protect young children and can even hold the assets until those children are older and more able to handle the big responsibility that comes with owning real estate, businesses, and investment and bank accounts.

 

For me, Ally M. Glaser, estate planning is the process of creating documents to match my client’s wishes while protecting their loved ones and assets in the case of death or incapacity. A trust can protect you in Florida from probate and guardianship court involvement.  The first step of creating a trust in Florida is to hire a trust attorney.  I am experienced in Trust creation and can assist you in these matters.

 

WHY SHOULD I USE AN ATTORNEY IN MIAMI BEACH, FLORIDA?

As an attorney in Miami Beach, Florida with over twenty years of experience, I am knowledgeable and comfortable discussing estate planning matters and all of the details involved in creating a personalized estate plan for you. I am skilled in protecting both your assets and loved ones and have both a law and psychology degree allowing me to easily navigate through this sensitive area of law. I have a personal method to estate planning and even assist my client’s by recommending they creating letters to their children and loved ones as beneficiaries would much prefer a personal letter along with the estate planning documents.

 

ALLY GLASER PA IN MIAMI BEACH, FLORIDA IS UNIQUE

My firm, Ally Glaser, PA, in Miami Beach, Florida, is a unique, boutique law firm. We do holistic estate planning and also 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.