ESTATE PLANNING IN MIAMI BEACH, FLORIDA, WHAT ARE THE DIFFERENT KINDS OF MIAMI-DADE PROBATE CASES?
If you have been reading my blogs, you know that you can avoid probate court involvement with a properly funded estate plan. But sometimes, it is too late for estate planning and you must hire a probate attorney in Miami Beach, Florida to go to probate court on your behalf and get permission from a Judge to collect and distribute assets. Regarding probate court involvement, there are three main methods for probate court approval.
WHAT IS A FORMAL ADMINISTRATION?
A formal administration is required when the decedent died less than two years ago and the assets are more than $75,000.00. This usually involves real estate, bank accounts, and investments all left in the name of the decedent. A formal administration requires a Personal Representative to be appointed and a Notice to Creditors to be published in a local newspaper.
WHAT IS A SUMMARY ADMINISTRATION?
A summary administration is a shortened version of a formal administration. There is no Personal Representative appointed and there is often a Petition and Order for Summary Administration by itself. The requirements for this method are that either the decedent has been dead for over two years OR the estate assets are under $75,000, or both. For example, my client’s husband died without a beneficiary on his retirement account. He died over two years ago with a will that states all assets shall go to his wife upon his death, thus a summary administration is all that is needed.
WHAT IS AN ANCILLARY ADMINISTRATION AND WHEN IS IT REQUIRED?
An ancillary administration is an added administration in a second location. An ancillary administration is often required when the decedent dies owning real estate in another state. For example, decedent a resident of Florida lives and dies in Florida, owning property and assets in Florida and a NY apartment, all in his own name; a formal administration Miami-Dade County probate has to be opened in Florida and an ancillary probate is required in New York to handle the New York real estate property.
HOW CAN I AVOID A MIAMI-DADE OR BROWARD COUNTY PROBATE COURT CASE?
Miami-Dade and Broward County probate cases can be avoided with proper estate planning. The estate planning in Miami Beach, FL must be done while the client is aware and alive. Choosing the right estate planning attorney in Miami Beach, Fl is critical to your success. You want to find someone who is knowledgeable, compassionate, and experienced in both probate and estate planning law in Florida.
WHY SHOULD YOU USE ALLY M. GLASER, PA TO HANDLE YOUR WILLS AND TRUSTS, ESTATE PLANNING IN MIAMI BEACH,FL AND MIAMI-DADE AND BROWARD PROBATE MATTERS?
As a Miami Beach Estate Planning, Wills and Trusts and Probate Attorney in Miami Beach, Florida with over twenty-six 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.