Posted on

WHEN FORCED TO GO TO PROBATE COURT, HOW LONG UNTIL WE GET OUR MONEY?

When Forced To Go To Probate Court, How Long Until We Get Our Money?

As an Estate Planning, Probate, and Trust Attorney in Miami Beach, Florida, I hear this question often. Probate is the court process required when a loved one dies with assets in their name alone. Probate court takes time and the time varies, depending on when the person died and the facts specific to each case.

Why Do I Have To Publish A Notice To Creditors?

A Notice to Creditors is required in every probate case where the decedent (the person who passed away) died less than two years prior from the date of filing the probate. When this notice is published in a local newspaper, the creditor period clock starts ticking away. After the three months are over and a little time has been given for mailing, etc., the matters of importance may be addressed. So for the most part, when dealing with a probate requiring a Notice to Creditors, there is a 3-4 month waiting period that cannot be avoided.

What Happens If My Loved One Died Over Two Years Ago?

In most instances, if a decedent died over two years ago, the probate process is a bit smoother as most creditor claims are barred at this point. There are some exceptions, for example, a creditor that has already filed a claim may not be barred. Each client is unique and thus, all specific facts must be looked at carefully in each probate situation.

Can I Prevent A Probate From Occuring With Proper Estate Planning?

Although, I do handle probate cases and have done so for many years; probate court involvement can be avoided with proper estate planning. For example, probate is needed when assets are left in the decedents name alone; for example, real estate, bank accounts, investment accounts, a business, etc. If these assets are properly placed into a revocable trust, they will pass outside of probate and distribution is now guided by the terms of the trust. By hiring an attorney, like myself, Ally Glaser, with experience in probate court, trust administration, and estate planning issues, you can properly plan for your loved ones and avoid probate court involvement.

What Is A Revocable Trust?

A revocable trust is a living document that can be changed at any time. Many issues can be addressed within the trust. For example, the trust can address the ages your children may inherit your money. This can be done in outright payments or held in trust. Your assets can be given in kind or sold and the proceeds distributed to your beneficiaries.

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 mostly to protect and make it easier for those we leave behind. I have over twenty years experience in this area and handle these cases with the sensitivity they deserve.

Posted on

ESTATE PLANNING, PROBATE, AND WHEN SHOULD I SELL REAL ESTATE?

Estate Planning, Probate, And When Should I Sell The Real Estate?

As an Estate Planning, Probate, and Trust Attorney in Miami Beach, Florida, I have personally experienced many real estate sales of property from people who have died with assets in probate court. A sale of real estate without a probate is definitely the easier, quicker way to sell real property. When real estate is owned by a trust, the sale is as smooth as if it was the individual herself.

What Is Probate?

Probate is the court process required when a loved one dies with assets in their name alone. So for real estate, probate is a must. For example, Jerry Berry owns a house in Miami-Dade County, he lives there for years, and then he dies. His loved ones now have to hire an attorney to begin a probate case in Miami regardless of an existing will. A will does not prevent the need for probate court involvement; it merely, serves a map for the Judge to follow.

Why Do I Prefer To Sell Real Estate Outside Of Probate Court?

The probate courts are flooded with cases. They are concerned about preserving the assets and thus, have many requirements before a real estate sale can take place. In one of my cases currently, I filed a probate case in Miami-Dade County, and six weeks later, I am still waiting on the official documents to open that case. Documents for an approval of the sale would take even longer to obtain. When selling property individually or owned by a trust, there is no waiting period and the process is private and straight- forward.

Ally Glaser Pa In Miami Beach, Florida Cares

For these examples and more, I prefer to do estate planning before the death of a loved one and prevent the need for creation of both probate and guardianship cases. At Ally Glaser, PA, in Miami Beach, Florida, I do holistic estate planning which covers the individual’s wishes regarding health care, burial or cremation, assets, and their loved ones. Each client is unique and my documents and planning reflect their individuality.

If it is too late for planning and a loved one has died with assets in their own name; I 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 and have over twenty years of experience dealing with these sensitive issues.

How Do I Prevent Probate Court Involvement?

You can prevent the need for probate court involvement by hiring an attorney, like myself, Ally Glaser, with experience in probate court, trust administration, and estate planning issues. Every client is unique and has different aspects to their particular planning. Once we are able to discuss your particular situation, we can begin personally planning for you and your loved ones.

Posted on

ESTATE PLANNING, PROBATE AND WHAT MAKES A FUNERAL GREAT?

As an Estate Planning, Probate, and Trust Attorney in Miami Beach, Florida, I have attended many funerals both personally and professionally. Although I am always sad to see a loved one, friend, family member, or client pass away, I feel comfort in knowing they are celebrated to the fullest.

Today I enjoyed a great funeral of a great man who lived a long healthy life and practiced the advice he gave to others, some of which included:

1)   Eat healthy. We are what we eat so choose carefully.

2)   Be on time. He always said five minutes early is even better.

3)   Earn a great living and with that enjoy a great life. He truly lived life to the fullest, travelling and enjoying until the end.

4)   The fewer words you can explain something, the better. I loved this, I always had to think before I spoke.

5)   Be yourself, true and true and everyone will love you.

What Makes A Funeral Great?

Getting back to my original question, what makes a funeral great? Here are some core values that make a great service:

1)   The family and loved ones have good relationships. Today, everyone was gathered together, laughing and supporting each other.

2)   The individual lives a long, happy life. In today’s example, he lived until 86 and was an example of perfect health until he had a stroke a few weeks ago.

3)   The decedent has determined what he wants and the family and loved ones do it that way. This is very important as to decisions such as open or closed casket, burial or cremation, and mausoleum or ground burial.

Why Do I Love Being An Estate Planning, Trust, And Probate Law Attorney?

At the funeral today, I was sitting next to an old friend from yoga and she asked me why I do Estate planning, Trust, and Probate law over other areas that I might have chosen? I answered with a smile, sharing that I like to make a difference one person at a time and make the world a better place through my niche practice of law. This may seem like a huge goal to some, but in this area of law, it happens naturally and regularly. I have both a Psychology and Law degree and use them each day to make sure my clients are protected with an estate plan that states their wishes and has the law on their side.

Ally Glaser Pa In Miami Beach, Florida Is Holistic

At Ally Glaser, PA, in Miami Beach, Florida, I do holistic estate planning which covers the individual’s wishes regarding health care, burial or cremation, assets, and their loved ones. Each client is unique and my documents and planning reflect their individuality. If it is too late for planning and a loved one has died with assets in their own name and no paid on death beneficiary; I 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 and have over twenty years of experience dealing with these sensitive issues.

Posted on

ESTATE PLANNING VS. PROBATE, WHAT IS THE DIFFERENCE?

Why Should I Do Estate Planning In Florida?

As an Estate Planning, Probate, and Trust Attorney in Miami Beach, Florida, I have seen first hand the sadness and stress that death has on the loved ones left behind. This can be compounded by the absence of a good estate plan where the assets have been moved into trust or where assets have paid on death beneficiaries and alternates on all assets. Probate can be avoided, but estate planning must be done while the person is competent and living.

A Recent Call For Probate Help, How Can This Be Prevented?

Last week, I received a probate call regarding a mother who had passed away and her daughter and son were calling me to find out information regarding the assets. The house and car are fully paid, no monies are owed, and their other sister is living in Mom’s house. This is a mess! The brother and sister want to sell the house and split the monies three ways, but the sister will not agree. This probate mess could have been prevented with proper estate planning. In this particular case, probate court involvement is needed and cannot be avoided as the mother has already died and no estate planning was done before her death.

What Happens Now, How Does The Probate Court Work?

  • The first step is to hire an attorney who can then create the documents for probate court approval. At Ally Glaser, PA, we have experience in handling probates and work efficiently and effectively to get the job done.
  • The loved ones/beneficiaries should all be on the same team. This helps with moving the probate forward, keeps the fees costs down, and helps distribute the money and assets to the beneficiaries as quickly as possible.
  • The beneficiaries should know that probate, especially in Miami-Dade County, takes time and may have special requirements.
  • Once the probate attorney is hired, the documents are prepared, signed, and then filed.
  • Patience is helpful as the court goes through the process of establishing your probate and getting the Orders signed.

How Can Probate Be Avoided? Estate Planning Is The Answer.

Probate can be avoided by effective estate planning where the assets have been moved into trust or where assets have paid on death beneficiaries and alternates on all assets. Estate planning allows the client to choose what happens to them regarding their health care, finances, asset distribution, burial or cremation, and much more. An Estate Planning attorney is needed to assess each individual situation and determine the best plan of action.

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. We are happy to help you during these challenging times and have many years of experience dealing with these sensitive issues

Posted on

HOW DO I MOVE FORWARD WHEN MY LOVED ONE HAS DIED?

How Do You Move Forward When Your Loved One Has Died?

Upon the death of a loved one, new challenges begin. Arranging the funeral and cremation; and in some cases, body transport if your loved one wants to be buried in a specific place different from where they lived and died. For example, some of my clients want to buried in Israel or another country. If this is the case, is there a service and who attends this service? As an Estate Planning, Probate, and Trust Attorney, I have seen first hand the sadness and stress that death has on the loved ones left behind.

How Do You Move Beyond The Grief?

1) Take your time to mourn the loss. Feel your emotions and deal with the sadness the best you can; in time the sadness may be replaced by happy memories. It is also normal to feel angry that your loved one was taken too soon; especially if they were young. Accept that you will have good and bad days and do your best.

2) Grief Groups. Join a grief group. This will make you feel less alone while giving you an outlet to discuss the hardships your loved one’s loss has left you with. Aside from groups, individual counseling and books on healing after a death are other good options.

3) Be resilient. If you have a career, go back to work when you are ready. If you love to play cards all day, begin playing cards again. If you loved going to exercise, begin again.

4) Grit and determination will get you through this. Some people who loose a loved one, die within a year of their death. They are either too sad to move forward or unable to imagine life without them. This is where counseling, friends, and doing what you love will help you get through this. Remember, you are not alone, it just may feel that way right now.

5) Travel. You may want to take a bus tour, a cruise, or a group biking, hiking or travel group. This will allow you to travel alone, yet be surrounded by people with similar interests. Thus, you might be less lonely and make friends, while doing what you love.

Estate Planning Can Make The Mourning Process Easier And Help Avoid Probate Court Involvement

At Ally Glaser PA, in Miami Beach, Florida, I do comprehensive holistic Estate Planning for my clients which usually includes cremation/burial planning, letters to their loved ones, and a comprehensive set of signed documents which cover health, financial, and legal matters. At Ally Glaser, PA, I give my clients the power to choose by assisting them with estate planning while they are able. The following documents are often used:

1) Health Care Documents state who is in charge if my client cannot make decisions; and what each client wants and does not want regarding medical care if they are unable to communicate their desires.

2) A Pour Over Will is often used to describe their burial or cremation, and discuss other maters.

3) A Revocable Trust, if funded properly, protects client in the case of death or incapacity and can be used to choose at what ages their beneficiaries will inherit their assets.

4) A Power of Attorney whether limited or general is also helpful for estate planning purposes. This document is the most misunderstood, as it only applies while the person is alive. Many people attempt to use this document upon the death of a loved one to attempt to transfer assets and only then do they learn, it only applies during life.

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 or probate and trust administration, if your loved one has already died. I 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.

Posted on

HOW CAN A TRUST PROTECT YOU IN FLORIDA?

Probate, Revocable Trusts, And Estate Planning In Miami Beach

As a Miami Beach Probate, Trust, and Estate Planning Attorney, I wanted to explain how trusts benefit people while both alive, if incapacitated, and at death, if properly funded. One of my favorite elderly clients passed away right before his 90th birthday. He lived life fully and enjoyed family, friends, and long walks along the beach right up until the very end. His family is protected with a funded trust, are your loved ones protected?

How Can A Trust Protect You In Florida?

A trust can protect you in Florida from probate 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. After I am hired, I then prepare your drafts according to your specific circumstances, preferences, and vision. After you review the documents and we have discussed them thoroughly, we set a signing meeting. At this meeting, you sign the documents and we discuss funding the trust, changing the title of the assets from personal ownership to you as your trustee. A trust also can protect you from guardianship court involvement because guardianships are needed when a person becomes incapacitated and assets are in their own name as ownership.

How Can I Avoid A Probate In Miami, Florida?

When a person dies and there are assets in their name alone, a probate attorney in Florida is needed. Probate is the court process required when someone dies with assets in their own name and there is no paid on death beneficiary. For example, on a bank account or life insurance if there is a beneficiary listed there may not be a need for probate. If there are no beneficiaries or all of the beneficiaries are also deceased, probate is required. The same is true for a house or apartment where the decedent is the only person on the deed. Thus, if a trust is created and the real estate and assets are transferred to the trust, probate is not needed.

Estate Planning/ Trust Attorney In Miami Beach

Probate in Miami-Dade County is a timely, public, and costly court process that can be avoided with proper estate planning. If properly created and funded, a revocable trust can avoid probate court involvement. A will does not protect you or prevent probate. Ally Glaser, PA can help clients with Probate needs, but prefers to help them with estate planning and prevent that Probate from being needed in the first place.

Trust Administration Cases Can Be Extremely Complicated And Experience Matters

At Ally Glaser, PA in Miami Beach, Florida we are skilled in both Probates and Trust administration and have had many years of experience in dealing with these cases.

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. We are happy to help you during these challenging times and have many years of experience dealing with these sensitive issues.

Posted on

WHAT IS THE PROBATE PROCESS IN MIAMI-DADE COUNTY, FLORIDA?

Probate, Revocable Trusts, And Estate Planning In Miami Beach

As a Miami Beach Probate, Trust, and Estate Planning Attorney, I wanted to explain the Probate process in Florida.

Do I Need A Probate Attorney In Florida?

When a person dies and there are assets in their name alone, a probate attorney in Florida is needed. Ally Glaser, PA is experienced in Probate and Trust administration and can assist you in these matters. Probate is the court process required when someone dies with assets in their own name and there is no paid on death beneficiary. For example, on a bank account or life insurance if there is a beneficiary listed there may not be a need for probate. If there are no beneficiaries or all of the beneficiaries are also deceased, probate is required. The same is true for a house or apartment where the decedent is the only person on the deed.

Probate Attorney In Miami Beach

Probate in Miami-Dade County is a timely, public, and costly court process that can be avoided with proper estate planning. It is difficult to go through a probate while mourning the loss of your loved one and the process can be avoided with a properly funded revocable trust. A will does not protect you or prevent probate. Ally Glaser, PA can help clients with Probate needs, but prefer to help them prevent that Probate from being needed in the first place.

Probate Is Unavoidable When Assets Are Left In Decedent’s Name Alone- How Can I Transfer A House Or Apartment In Florida?

  • Hire a Miami-Dade County Probate attorney.
  • Your attorney will collect the will or trust, if any, and begin collecting information to create the documents that are required to open a probate case.
  • A Notice to Creditors for all unknown creditors must be filed and published if your loved one has passed less than 2 years ago. All known creditors must be noticed of the probate directly if less than 2 years since the death.
  • A paid funeral bill with a zero balance will be required.
  • A Petition for Administration will be filed detailing the specific facts to a Probate Judge. The decedents name, address, date of death, and beneficiaries name address and date of birth will all be required information.
  • A few or many other documents will be required depending on the specific facts for each case.
  • The property/assets/bank account/investments may be sold or transferred upon obtaining the Judge’s approval.

Probate Cases Can Be Extremely Complicated And Experience Matters

At Ally Glaser, PA in Miami Beach, Florida we are skilled in both Probates and Trust administration and have had many years of experience in dealing with these cases.

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. We are happy to help you during these challenging times and have many years of experience dealing with these sensitive issues.

Posted on

WHY MOVE YOUR RESIDENCY TO FLORIDA?

Probate, Revocable Trusts, And Estate Planning In Miami Beach

As a Miami Beach Probate, Trust, and Estate Planning Attorney, I wanted to share a few examples of where clients have found me helpful regarding moving to Florida and claiming Florida as your state of domicile or residency.

Why Move Your Residency To Florida?

Florida Residents May Avoid State Tax

When a Florida resident dies with Florida only property there is no state death tax. Other states may have a state death tax, but as of today, Florida does not. This is why people say Florida is a great state to live and die in. Many older people are moving to Miami Beach, Florida to retire and take advantage of this. Also, many young parents with young children are moving to Florida to have a better quality of life- warmer weather, less layers of clothing, more outdoor play time, and an easier lifestyle.

Establishing Your Domicile In Miami Beach, Florida Can Prevent Unintended Tax Consequences. What Can You Do To Prove Florida Is Your State Of Residence?

  • Live here. Spend a majority of your time in Miami Beach, Florida, and reside in a home that you own and claim as your homestead.
  • Draft a proper estate plan in Miami Beach, Florida which includes a Will, Revocable Trust, Limited Power of Attorney, and health care documents.
  • File a Declaration of Domicile.
  • Register to vote and obtain a Florida Driver’s License.
  • File your taxes as a resident of Florida.
  • Own your assets in Florida- bank accounts, investment accounts, and real estate.
  • Attend synagogue or church in Florida.

***Please note, if a person dies in Florida and owns property and/or other assets in other states or countries, they may be subject to tax in each state or country.

Estate Planning Attorney In Miami Beach

An Estate Planning attorney is needed to assess each individual situation and determine the best plan of action. At Ally Glaser, P.A., we are skilled in dealing with changes of residency from another state to Florida and can advise you on an individual basis if this is appropriate for your specific circumstances.

Experience Matters In Estate Planning

At Ally Glaser, P.A, we are experienced in dealing with couples living together, couples living separately, married people with separate assets, married people with joint assets, individuals with assets here and in different states and countries. We also help parents who want to protect young children from inheriting too much, too soon, and thus, can choose to spread out their inheritance throughout many years and multiple distributions. At Ally Glaser, P.A. we also work with people who recently moved here from another state and are now claiming Florida as their state of residency.

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. We are happy to help you during these challenging times and have many years of experience dealing with these sensitive issues.

Posted on

PROBATE, REVOCABLE TRUST, AND ESTATE PLANNING IN MIAMI BEACH, FLORIDA

Probate And Estate Planning In Miami Beach

As a Miami Beach Probate, Trust, and Estate Planning attorney, I wanted to share a few examples of where clients have found me helpful.

Example #1- Estate Planning/ Incapacity

There are many misunderstandings about estate planning and incapacity in Miami, Florida. Most people think if you have loved ones, they can help manage your assets if you become incapacitated. This is not true, a guardianship must be initiated in the Miami Courts and an attorney must be hired to help with this process. A guardianship can be avoided with proper estate planning and usually, a properly funded revocable trust. A person does not need multiple properties and assets to do estate planning. A person with loved ones to protect and assets can benefit from estate planning, regardless of their level of wealth.

Example #2- Avoiding Miami Probate With Proper Estate Planning And Revocable Trusts

If estate planning is done properly, probate can be avoided. Estate planning also can protect a person regarding incapacity, disappearance, and health related matters. For example, if a revocable trust is completed properly and assets (real estate, bank accounts, investment accounts, second homes) are transferred into the trust and the trust is now the owner, probate may be avoided.

Example #3- Florida Residents May Avoid State Tax

When a Florida resident dies with Florida only property there is no state death tax. Other states may have a state death tax, but as of today, Florida does not. This is why people say Florida is a great state to live and die in. Many older people are moving to Miami Beach, Florida to retire and take advantage of this. Keep in mind, if a person dies in Florida and owns property and other assets in other states or countries, they may be subject to tax in each state or country.

Example #4-Probate Attorney In Miami Beach

Probate in Miami is a timely, public, and costly court process that can be avoided with proper estate planning. It is difficult to go through a probate while mourning the loss of your loved one and the process can be avoided with a properly funded revocable trust. A will does not protect you or prevent probate. I can help clients with Miami Beach Probate needs, but prefer to help them prevent that Miami Beach Probate from being needed in the first place.

Example #5- Estate Planning Attorney In Miami Beach

An Estate Planning attorney is needed to assess each individual situation and determine the best plan of action. At Ally Glaser, P.A, we are skilled in dealing with couples living together, couples living separately, married people with separate assets, married people with joint assets, individuals with assets here and in different states and countries, and parents who want to protect young children from inheriting too much, too soon, and thus, can choose to spread out their inheritance throughout many years and multiple distributions.

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. We are happy to help you during these difficult times and have many years of experience dealing with these sensitive issues.

Posted on

CAN I AVOID PROBATE WITH PROPER ESTATE PLANNING?

Probate And Estate Planning In Miami Beach

This is the time of year when I reflect upon what is working and not working in both my personal and professional life. As a Miami Beach Probate and Estate Planning attorney, I notice a few areas where there is room for clarity and learning.

Is Estate Planning Only For The Super Wealthy?

There are many misunderstandings about estate planning in Miami, Florida. A person does not need multiple properties and assets to do estate planning. A person with loved ones and assets can benefit from estate planning, regardless of their level of wealth.

Where Does Estate Planning Begin?

Estate planning begins with five documents. Two are for health care and three are financial documents. The Health Care Surrogate appoints the person whom makes decisions for you if you are not capable. The Health Care Directive states your preferences regarding those decisions the health care surrogate may have to make. The Pour Over Will discusses your burial or cremation preferences, mentions a list of personal items, and pours any remaining assets not owned by the trust into the trust through the probate process. The Revocable Trust plans out who gets what and how ; if done properly, items are placed and owned by the trust now while you are the trustee. Finally, A Limited Power of Attorney is used during incapacity or disappearance to move assets into trust.

Can Probate Be Avoided With Estate Planning?

If estate planning is done properly, probate can be avoided. Estate planning also can protect a person regarding incapacity, disappearance, and health related matters. For example, if a revocable trust is completed properly and assets (real estate, bank accounts, investment accounts, second homes) are transferred into the trust and the trust is now the owner, probate may be avoided.

What Is Probate? How Long Does Probate Take?

Probate in Miami is a timely, public, and costly court process that can be avoided with proper estate planning. For example, I am completing a probate case where a mother suddenly passed away years ago and a minor teenage daughter was left with real estate and assets and a probate court case, while mourning the loss of her mother’s sudden death. If proper estate planning was done before her death, the probate case could have been avoided; saving her both time and money.

Why Do I Need An Estate Planning Attorney?

An Estate Planning attorney is needed to assess each individual situation and determine the best plan of action. At Ally Glaser, P.A, we are skilled in dealing with couples living together, couples living separately, married people with separate assets, married people with joint assets, individuals with assets here and in different states and countries, and parents who want to protect young children and thus, may spread out their inheritance throughout many years.

What Makes Ally Glaser Pa Different?

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. We are happy to help you during these difficult times and have many years of experience dealing with these sensitive issues.