Probate

Seek an Attorney for Probate Planning

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Every attorney knows that he/she isn’t the most popular of professionals. Do you know of anyone who goes to see their attorney to say hello? No, attorneys are usually consulted in a moment of need and often only after all options have been exhausted.

By the same token, most people don’t relish the idea of going to court. Court processes are exhausting and slow (including probate court). Therefore, many people seek to avoid probate, especially in regard to their homestead.

I recently ...

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Top 10 Blunders in Probate & Trust Administration

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Probate and trust administration isn’t for wimps. It also isn’t for people who aren’t ready to shoulder the burdens associated with being named as a fiduciary. A fiduciary is the person who gets the laborious task of holding assets in trust for a beneficiary. In Florida, trustees of trusts and personal representatives of estates are classified as fiduciaries.

While taking on such a role may be a labor of love for those who are named by their deceased loved ones, mistakes ...

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Poor Man’s Probate is Usually Poorly Planned

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People often ask what seems to be the usual recurring question, “Do I really need a will?” After I ask a few questions about their circumstances, I usually discover that they have already done something about their estate plan. Unfortunately, this generally means that a non-attorney gave them legal advice and misleading direction. They’ve engaged in a course of action in which some call a “Poor Man’s Probate”. The results, which they will probably never witness, are usually tragic and ...

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