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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.

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WHAT IS ESTATE PLANNING?

PROBATE, REVOCABLE TRUSTS, AND ESTATE PLANNING IN MIAMI BEACH

As a Miami-Dade County Probate, Trust, and Estate Planning Attorney, I want to explain how estate planning works.

WHAT IS ESTATE PLANNING?

For my clients, estate planning is an emotional process where they face their mortality and plan for their death. Whether they are 30 or 80, the process is similar. We discuss their loved ones and assets and how they wish for things to go when they pass away.  For my youngest clients, usually young parents, estate planning includes naming the person/people to raise their children. For my clients in the middle, estate planning might include long term care insurance planning. For those further along in age, estate planning also means prepaid burials/cremation plans. Regardless of age, estate planning is extremely important for those people with assets and loved ones.

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.

HOW LONG IS THE ESTATE PLANNING PROCESS?

The length of time to complete an estate plan depends on when the information is provided to me regarding your loved ones, wishes, and assets; and how fast we need to work. If there is no pending surgery or big trip coming, we can take our time and create together. I prefer to allow the process to take whatever time is needed. This is beneficial to both of us, as my rates are usually project based and thus the hours it takes us is not important.

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 unique 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.

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I KNOW I WANT A REVOCABLE TRUST, WHO SHOULD I NAME AS MY TRUSTEE IN FLORIDA?

PROBATE, REVOCABLE TRUSTS, AND ESTATE PLANNING IN MIAMI BEACH

As a Miami-Dade County Probate, Trust, and Estate Planning Attorney, I wanted to explain how to choose your personal representative, health care surrogate, power of attorney, personal representative/executor and trustee.

I KNOW I WANT A REVOCABLE TRUST, WHO SHOULD I NAME AS MY TRUSTEE IN FLORIDA?

Who would you want to carry out your wishes when you pass away? This person should be trustworthy, sensible, and available for this job. Depending on your assets and the level of complication, this could be a small job or a very large, time-consuming commitment. It is a good idea to ask the person you have selected if they agree to do this job. Once this is accomplished, the trust creation process can begin.

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.  Ally Glaser, PA is experienced in Trust creation and can assist you in these matters.

WHO SHOULD I NAME AS MY HEALTH CARE SURROGATE?

Who do you want in charge, of your health care, making decisions for you if you are not able? This person, like the trustee, should be trustworthy, sensible, and available for this responsibility. The person selected will use your Health Care Directive Document to guide them in making heath care decisions on your behalf if you are not able. This person may be the same or different than your choice for trustee. For example, there might be a great candidate for trustee, but that same person might be extremely uncomfortable in medical situations. In this situation, you could choose one person for health care matters and another to handle your financial matters.

WHY SHOULD I USE AN ATTORNEY IN MIAMI, FLORIDA?

As an attorney in Miami-Dade County, Florida with over twenty years of experience, Ally Glaser, Esquire, is knowledgeable and comfortable discussing estate planning matters and all of the details involved in creating a personalized estate plan for you. She is skilled in protecting both your assets and loved ones and has both a law and psychology degree allowing her to easily navigate through this sensitive area of law.

ALLY GLASER PA IN MIAMI BEACH, FLORIDA IS UNIQUE

At Ally Glaser, PA, in Miami Beach, Florida, we do holistic estate planning and also handle probate and trust administration matters with care and concern for the loved ones left behind.  Ally Glaser, Esquire is happy to help you during these challenging times.

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ESTATE PLANNING VS. PROBATE

What are the fees for estate planning? Are green card residents treated the same as citizens for death tax purposes? How is this different than the tax treatment of foreigners? Do I avoid probate with an unfunded trust?

Estate planning is the process where an Estate Planning attorney assists an individual or couple in protecting their assets and loved ones during their lifetime; while avoiding probate and saving them money, wasted time, and worry surrounding their death or incapacity.

Probate is a costly, public, and expensive court process that can be avoided with proper estate planning. A revocable trust can be created and if properly funded can avoid probate. An Estate Planning attorney is needed to assess each individual situation and determine the best plan of action.

Attorney fees at Ally Glaser, PA, are flat fees, hourly fees, or a combination of both.

At Ally Glaser, PA, we do holistic estate planning and we also handle probate and trust administration matters with care and concern for the loved ones left behind. We are happy to help you during these difficult times and decisions.