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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