ESTATE PLANNING IN MIAMI BEACH, FLORIDA, IS A LEGAL SEPARATION BINDING IN FLORIDA?
As the world gets smaller with many people having dual citizenship, or living in multiple states, legal separation can be more complicated. Legal separation is permitted in many states and countries. Legal separation is legal in most states; yet, legal separation is not binding in Florida. Thus, in Florida, you are either married or divorced.
HOW DOES A LEGAL SEPARATION EFFECT ESTATE PLANNING?
I receive many calls for advice regarding estate planning for divorce. My advice is to hire your divorce attorney first and then hire your estate planning attorney. Both are important. As we discussed, there is no legal separation in Florida, we can state in the documents that you are no longer living together or in the process of divorce, but initiating an official legal divorce with a great divorce attorney is vital.
HOW DOES A LEGAL SEPARATION EFFECT PROBATE IN MIAMI-DADE?
Probate is the legal court process where assets are collected and distributed on behalf of the family and loved ones. Because there is no legal separation in Florida, probate is unaffected. In fact, I had a probate case where the wife who was separated for over twenty years received all of her deceased husband’s money, investments, and real estate. In that case, he had no will or trust, and all assets were handled according to the Florida intestacy statute.
HOW CAN PROBATE COURT INVOLVEMENT BE PREVENTED?
Good estate planning can avoid the need for a probate court process. Once estate planning is completed and the assets are placed inside of a trust, the process becomes private, efficient, and saves the survivors time and money. A revocable trust is an essential part of estate planning and funding that trust is required to reap the benefits.
WHY SHOULD I USE ALLY M. GLASER, PA TO HANDLE MY WILLS, TRUSTS, ESTATE PLANNING, AND PROBATE MATTERS?
As a Miami Beach Estate Planning, Wills and Trusts and Probate Attorney in Miami Beach, Florida with over twenty-seven years of experience and both a Psychology and Law degree, I handle these matters with knowledge and sensitivity. I am familiar and comfortable with both the Miami-Dade probate court system and Broward County probate court and know how to get things done. Additionally, because I do both estate planning and probate law, I am familiar with the challenges of each and provide my clients with additional protections. Call or email me today to discuss your Miami Beach, Florida Estate Planning, Wills and Trusts and Miami-Dade County, Florida Probate matters. I am happy to help you and your loved ones during this important process.