ESTATE PLANNING IN MIAMI BEACH, FLORIDA, WHAT IF WE ARE MARRIED, BUT NOT REALLY TOGETHER?
Unless you have a legal separation in place, you are still legally married even if you are not really together. At the time I am writing this blog, all states except Florida, Delaware, Georgia, Mississippi, Pennsylvania, and Texas recognize legal documentation of separation. Florida is one of the only states that does not recognize legal separation, couples are considered legally married until a legal divorce.
BUT, WHAT IF I MOVED TO ANOTHER STATE?
A couple is legally married until the divorce is final, regardless of where they live. As stated above, some states do allow for a legal separation, yet legal documents must be filed in those states that allow it. In sum, moving to another state or country does not change your legally married status.
WHAT IF MY SPOUSE DIES AND WE HAVENT LIVED TOGETHER FOR YEARS?
This was an actual Miami-Dade probate case that I had years ago. The wife lived in another state and the husband lived in Florida. I was hired by the wife to collect and distribute her husband’s assets, which all required Miami-Dade probate court involvement. The wife was the sole beneficiary, even though they had not been together for over 20 years!
HOW CAN I PREVENT THE NEED FOR PROBATE COURT INVOLVEMENT?
The situation above could have been prevented with a properly created pre-nuptial or a post-nuptial agreement. By hiring an estate planning attorney in Miami Beach, Florida, and creating a plan that avoids probate court, you may avoid the situation above. Yet, being in Florida and living separately may still keep you involved in your spouse’s finances and personal matters both in life and in death.
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.