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.

Posted on

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.

Posted on

WHAT IS PROBATE? AND WHAT IS TRUST ADMINISTRATION?

Someone close to me has died, do I need a probate attorney? What is probate? What is trust administration?

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.

Trust administration also requires an attorney to assist the loved ones in navigating through the trust and collecting and distributing trust assets. Sometimes, even with a trust and proper planning an asset is left out of the trust, and a probate may be required for this one asset or any assets, not included in the trust.

Probate and trust administration can be complicated and it is good to have a probate attorney with experience. Ally Glaser has the experience and knowledge to get you through your probate or trust administration in the least amount of time required.

Probate can be avoided by doing a proper estate plan with proper funding. This should be done while the trustee is alive and competent.

At Ally Glaser, PA, we do estate planning and we also handle probate and trust administration matters. We are happy to help you during these difficult times.

Posted on

HOW CAN I AVOID PROBATE?

Why avoid probate? Recently I have been asked this question numerous times and I thought it would make a good blog topic.

Probate is an expensive and intrusive court process that is needed if an individual dies with assets in their own name or if jointly owned, both individuals pass away. Probate court can be avoided by doing a proper estate plan, but why do some people choose not to do it? Fears, money, time; these are all things that stop us. So why do it?

Doing your estate planning is a part of taking responsibility for your life, assets, and loved ones. At Ally Glaser PA, I create holistic estate plans that allow my clients to state their goals, visions, and wishes today while they are alive and well. The advantage to estate planning is yes, if done properly, you can avoid probate; but estate planning allows you to have a say in your health care, your burial or cremation, your legacy, your pets, your children, and your loved one’s future even after you are gone.

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.

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.

Posted on

ESTATE PLANNING IS MORE THAN JUST A SET OF DOCUMENTS

Is Estate Planning more than just a set of documents? Yes, estate planning  documents are important , but just the beginning of the estate planning process.

Does anyone know your passwords? Do you have kids, pets, or loved ones dependent on you for financial support? Are your beneficiary designations up to date? Do you have a safe deposit box or a safe in the house? Do you have businesses or investment real estate? Do you have multiple homes in different states or countries? Do you have specific gifts, a personal items list, or a letter that you would like to leave to be read upon your death? This is all estate planning.

Estate planning is the process where an estate planning attorney assists an individual or couple in protecting their assets during their lifetime in case they become incapacitated and protects their loved ones, saving them both money and time, upon their death.

Does anyone know exactly when he or she will die? No, I have heard so many stories of young people dying. For example, I have dealt with probates where a young woman in her forties died leaving a teenage daughter after she choked suddenly. Another probate case involved a married man in his forties, who died of a brain cancer leaving two small children and a wife behind.

Probate is an expensive and intrusive court process that is needed if an individual dies with assets in their own name or if jointly owned, both individuals pass away. Probate court can be avoided by doing a proper estate plan. At Ally Glaser, PA, we do estate planning and also handle probate and trust administration matters. We are happy to help you during these difficult times.

Posted on

ESTATE PLANNING, PROBATE, AND TRUST IN MIAMI-DADE COUNTY, FLORIDA

When doing estate planning and thinking about probate, do I designate a person who I trust and know well as my personal representative and trustee or do I choose a corporate personal representative or trustee?

A corporate personal representative or trustee is someone appointed from a bank or financial institution that is familiar with the obligations and fiduciary responsibilities that come with being the personal representative or trustee. A friend or loved one is a good choice also as they know you well and can carry out your wishes as if you were still here. A friend or loved one who is responsible and willing will also be less expensive then a corporate trustee or personal representative.

Whomever you choose, that person will be required to work with an attorney to carry out the intentions of the documents. While choosing the right person as your personal representative or trustee is important, the probate attorney or trust administration attorney is even more important.

Probate and trust administration can be complicated and it is good to have a probate attorney with experience. Ally Glaser has the experience and knowledge to get you through your probate or trust administration process in the least amount of time.

Probate can be avoided by doing a proper estate plan. At Ally Glaser, PA, we do estate planning and also handle probate and trust administration matters. We are happy to help you during these difficult times.

Posted on

DO I NEED TO GO TO PROBATE COURT?

When a loved one dies do I need a probate (probate court)? Do I need a probate with summary administration? Do I need a probate with formal administration? Do I need a probate with ancillary administration?

A probate with summary administration can be done with assets less than $75,000. These days, probate with summary administration is less common as the court much prefers the more in depth formal administration. Also, banks, financial institutions, and some real estate attorneys prefer the Letters of Administration and Orders Appointing Personal Representative that you get when doing a probate with formal administration.

A probate with ancillary administration uses the original certified documents from another country or state’s completed or ongoing probate as a basis for your probate here in Florida. Whichever probate you choose, an attorney can help you decide which type of probate is ultimately best for you.

Probate and trust administration can be complicated and it is good to have a probate attorney with experience. Ally Glaser has the experience and knowledge to get you through your probate or trust administration process in the least amount of time.

Probate can be avoided by doing a proper estate plan. At Ally Glaser, PA, we do estate planning and also handle probate and trust administration matters. We are happy to help you during these difficult times.