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PROBATE IN MIAMI -DADE COUNTY-HOW DOES IT WORK?

PROBATE IN MIAMI-DADE COUNTY-HOW DOES IT WORK?

Do you need one probate here or probate everywhere? What if the person died with real estate in Miami-Dade County and in his or her own name in different states or countries? Do you need a probate for property in different states? An attorney must be hired to begin a probate case when the person dies with assets in their own name; this can be done just in Miami-Dade County or in many states and countries.

HOW MANY PROBATE CASES DO I NEED TO DO?

Probates are needed in each state or country with assets. There is no limit as to how many probate cases you may need an attorney to initiate. The first one begins where the person lived (their place of residence) and then the others are considered ancillary probates. For example, I once had a probate in England, the Isle of Mann, and the US with real estate, bank accounts, and investments owned by the deceased person in all three countries.

WHY DO PEOPLE DIE WITH ASSETS IN THEIR NAME ALONE ? HOW CAN PROBATE COURT INVOLVEMENT BE PREVENTED?

People die with assets and real estate in their own name because they never planned to die. We all know we will die one day, but the conversation is sometimes difficult to have. For example, when a parent is aging, or an elderly aunt or uncle, a conversation needs to happen discussing the need for planning. A will, heath care documents including a living will, a power of attorney, and a revocable trust can be created. If a revocable trust is properly funded (assets are renamed and now owned by the trust- a relatively simple process with many benefits), probate court may not be required.

ARE THERE ANY SITUATIONS WHERE YOU MIGHT LEAVE AN ASSET OUTSIDE OF TRUST? CAN PROBATE STILL BE PREVENTED WITHOUT A REVOCABLE TRUST?

A person might leave an asset outside of trust when they want it to go to the intended beneficiary directly. For example, a client put his home in trust, but left the retirement and bank account directly to his nephew. Sometimes an IRA or retirement account will be left directly to a paid upon death beneficiary to save on taxes and allow for more flexibility regarding distributions. When this is done, I recommend placing alternate beneficiaries on these accounts to safeguard the monies be handled outside of probate. The only drawback is if they forget to put the beneficiaries name, probate court is unavoidable.

IS THERE ANY OTHER WAY FOR ME TO GET MY RELATIVES ASSETS?

Unless a paid on death beneficiary is named (for example, Joe Jones leaves his bank account paid on death to his niece, Jenny) or an asset is jointly owned (Joe Jones and Jenny, joint tenants with rights of survivorship), probate must be done. If not, in time the asset will go into the unclaimed property division in the state of Florida.

WHY SHOULD YOU USE ALLY GLASER, PA TO HANDLE YOUR PROBATE MATTERS?

As a Miami Beach, Florida, Estate Planning and Probate Attorney, I have over twenty years of experience and handle these matters with care. I am familiar and comfortable with the Miami-Dade County probate court system and know how to get things done. Call or email me today to discuss your Miami-Dade County probate matter.