WHAT HAPPENS TO MY REAL ESTATE WHEN I DIE?
IN THE CASE OF DEATH OR DISABILITY, WHAT HAPPENS TO MY REAL ESTATE IF I AM THE SOLE OWNER?
In the case of death or disability, if your real estate is owned by a trust, your successor trustee takes over and they can sell it, lease it, do repairs on it, and get insurance for it. If your real estate is in joint name as tenancy by entirety if married or with rights of survivorship and properly done, it should transfer upon death to the second party on the deed without the need for probate services.
Sadly, if this real estate is in your own name alone, your loved ones must hire a probate attorney to go to probate court and initiate a probate administration case. During this time, the property cannot be sold or leased without court approval.
WHY DO PEOPLE HIRE PROBATE ATTORNEYS TO GO TO PROBATE COURT IN MIAMI-DADE OR BROWARD COUNTY?
The loved ones that are left behind hire a probate lawyer to go to probate court; the probate lawyer can then collect and distribute the assets to the loved ones. When all of the loved ones agree, the process moves smoothly. If they do not agree, there might be litigation within the probate case; which can cause delays to the entire process. The average time for a probate administration is 6-12 months or more.
Only a trust avoids probate court involvement; a will provides a map for the probate court. I received a call today where an uncle passed away with significant assets and left no will and no map for the probate court. Thus, Florida Statute 732.103 is our guide as to how the assets are distributed to his heirs where no spouse exists. When the uncle died with no spouse, and his only sibling, his brother had predeceased him, his brother’s kids became next in line to inherit. His $500,000 house which is paid off with no mortgage is his homestead and thus, exempt from creditors. Had he hired me as his estate planning attorney in Miami Beach, FL, put his home into his revocable trust, and signed a simple quitclaim deed, he would have avoided the need for probate court.
WHY SHOULD YOU USE ALLY M. GLASER, PA TO HANDLE YOUR WILLS AND TRUSTS, ESTATE PLANNING IN MIAMI BEACH AND MIAMI-DADE AND BROWARD PROBATE MATTERS?
As a Miami Beach Estate Planning, Wills and Trusts and Probate Attorney in Miami Beach with over twenty-three years of experience and both a Psychology and Law degree, I handle these matters with care and sensitivity. I am familiar and comfortable with both the Broward County and Miami-Dade probate court system and know how to get things done. Call or email me today to discuss your Estate Planning, Wills and Trusts and Broward or Miami-Dade County Probate matters. I am happy to help you and your loved ones.