Trust is a fiduciary relationship in which the authority to handle your assets is given to another party for the benefit of a third party, your beneficiaries. Both will and trust are a means to transfer the estate to their heirs.
No, trust doesn’t need to go through probate. Only trust can skip the probate court. There are no court or attorney fees after the trust is established. Your property can be passed immediately and directly to your named beneficiaries.
Making a trust can save you 2-4% of your estate due to attorney fees and court costs. But trusts tend to be more expensive than wills to create and maintain.
When a person dies, he/she typically name a person who will be authorized to distribute their assets or properties. That person is called the executor. The executor needs to pay all the remaining bills and distribute the property according to their wish.
Once a person dies, the executor needs to submit the will to the court to start the probate process. But sometimes the executor does not want to file probate. So, today we will discuss what will happen if you don’t probate a will. Let’s get started.
1) Penalties to Executor: If you fail to submit the will in the required time, it can create serious problems. When someone has the intention to hide the assets for their financial gain, then criminal liabilities could occur for them. For example, if a father decided to donate the entire property to a charity but the son does not file his will to the court considering that you will inherit his property as per the intestate succession laws. This would expose him to criminal liability.
2) Creditors’ Claims and Insolvent Estates: When someone dies, there will be some unpaid bills. Starting the probate makes the time shorter to four months for the creditors to claim against the estate. The executor can reject the claim from the creditor if it is filed late. But if the probate isn’t started, the creditor could file the suit within one year. When the deceased has more bills then the money, it is better to file the will and step aside from the issues by not opening probate.
3) Transferring Title to Property: Probate is a process of transferring the titles of the properties legally to the deceased person’s beneficiaries. If you don’t have a will and don’t apply for probate, it may not be possible to transfer the property to the beneficiary unless they are a joint owner. This can lead to the beneficiaries suing you because they don’t receive the property.
4) File a Wills That Doesn’t Require Probate: Probate is not required every time. When the person who died left nothing behind and had put all his assets into a trust or a joint account to avoid the probate. You need to file the will but probate isn’t required.
5) Unresolved will issues: If your will was challenged on the ground of mental incapacity or a forged signature, then you will have to probate the will to go through the court procedure.
Heider Law, P.A. gives legal counseling in the areas of probate, trust administration, guardianship, estate planning, tax planning, asset protection planning, and elderly law. Call Florida Probate Attorney – Michael Heider, at 888-483-5040 for a free consultation.
Generally, when you are looking for a probate lawyer, you will find two types of probate lawyers. One is transactional probate attorneys for administration part and second is litigation lawyers for probate lawsuit.
The first thing you need to do to find a good probate attorney is to ask your close ones or someone whom you trust the most. You can also ask your friends if they have a good experience working with a probate attorney or not. Talking to your friends and relatives may give you a good idea about what you need to check before finding a good probate attorney in Florida.
Let’s see what you need to check when you are looking for a probate lawyer Florida.
1) Check out the years of experience the attorney has in probate, trust, or estate. 2) Find out the law firms google my business & yelp page. Check out their reviews. 3) Find out some references who can tell you about the attorney’s trustworthiness and skills. 4) Find out the position of the lawyer on the state bar association website. 5) Find out that he/she is a certified specialist probate lawyer in your state. Because not every state certifies lawyers in Probate. 6) Find out that the attorney has membership in local probate attorney bars because he/she must relate to legal communities. 7) Understand the payment methods & schedule (when to pay) their legal fees. 8) You need to find an attorney who can understand your personal needs and requirements.
These pointers will help you find a good probate attorney in Florida. If you have any questions or case specific queries related to probate, then Call Michael Heider, a Florida probate lawyer, at 888-483-5040 for a free consultation.
Usually a person would name someone they trust as an estate executor. The executor is responsible for fair distribution of the deceased person’s assets in accordance with their wish & will. It is not required by the estate executor to file the probate documents if someone dies. But then you will be restricted in terms of what you can do and what you can’t. If the deceased person has a joint ownership or a named beneficiary or has nominated the beneficiary as TOD/POD on their assets, bank accounts etc. probate can be avoided.
Here are few scenarios where probate may be required:
1) Can’t Pass Legal Asset Titles: When the decedent owns a property like Car, Home, Retirement Account, etc., and the person dies without a will then without the probate process or the court approval, it is not possible to pass the legal asset title to the successor.
2) Beneficiaries Can Put Legal Claims against You (the executor): It is difficult to distribute the assets lawfully without the probate process if the deceased hasn’t prepared a will before dying. It needs to go through the intestate succession laws of the state. The beneficiaries can sue you because they might not get what they legally deserve.
3) Mentally incapable when the will was written: If the deceased was mentally incapable while making the will which can be proven in court, then it is better to file for probate. Probate will address such type of issues.
4) Creditors’ Claims / Insolvent Estates: The deceased person may have unpaid bills & debt. Filing for probate will give lesser time for creditors to file a claim against you. A creditor’s claim can also be rejected by the executor if filed late. Moreover, if the deceased person owes more in debt than his estate is worth, probate is not required. You can simply file the will & walkaway.
If you have any questions related to probate, then we can help you with that. Call Florida probate attorney, Michael Heider, at 888-483-5040 for a free consultation.
When you are planning for an estate, you must know about which assets are probate and which are non-probate. Probate is a process in which the court decides how your property will be divided after your death. Because the probate assets will go through court proceedings and the non-probate assets will go straight to the beneficiaries.
To start a probate process, you need to appoint an administrator or executor. This process involves paying your bills, dividing properties to beneficiaries, collecting assets, filing taxes, and a final account. This process is costly and that’s why some people avoid probate by just owning non-probate assets.
Probate assets are the assets where the decedent is the sole owner. This includes real properties, personal properties like automobiles, furniture, jewelry, bank accounts, a share in a company, corporation, or business, any insurance policy, etc.
Non-probate assets involve any joint property with ownership, jointly handled bank accounts, or brokerage accounts with payable on death (POD) or transfer on death (TOD) beneficiaries, properties share in trusts, retirement accounts, etc.
It is important to know whether the property is a probate property or a non-probate property because, at the time of distribution, the non-probate properties will not be controlled by your will. Make sure you check the ownership of your property & accounts so that the jointly owned properties can be distributed the way you want it to.
If you are looking for aprobate attorney in Florida for a consultation, then call us at 888-483-5040 today. We will give you the best suggestion according to your needs.
If your mom or dad passed away and they haven’t made any will then what should you do? So, today we are going to tell you what you need to do in such situations.
Search for a Will Diligently: Search for a will in your parent’s records or files or the places where they used to keep the documents. Talk to their close friends or relatives, and any lawyer if they have worked in the past. Try to find the business cards of lawyers at home. Maybe your parents were seeing a lawyer but forgot to tell you.
Check for a Safe Deposit Box that Your Parent Had: Sometimes parents put the will in their safe deposit box. It is a difficult thing to get an authority of that deposit box because it might be in the box. The only possibility of accessing this box if your parents have put your name on the box as a signatory. If not, then you have to follow the rules of your state laws to get the access. Some states allow to file a special petition, but some need full probate petition.
Find a Lawyer a from Trusted Source: Start finding a lawyer or refer to a trusted advisor to find a lawyer. You can also choose an attorney that you think is the best for your estate needs. Find someone who has experience of trusts and estate law.
So, these are some steps that you can follow if your parents die without a will and the lawyer will review the information you have and advice you what to do next. If you are looking for an estate/probate lawyer, we can help you.
In simple language, the probate is a legal process done by the court to decide if the will made by a deceased person after his/her death is valid and authentic or not to conclude all financial matters.
The probate includes different things like the will made by a deceased person is legit or not, identify & review the property of the dead person, valuing the property, paying the remaining taxes and debts, and property distribution.
The lawyer takes care of all the paperwork and court proceedings. Generally, the fees of the lawyer & the court is also deducted from the estate property at the time of probate. An executor collects the assets of the deceased person to distribute it to the receivers as directed in the will.
If you are looking for a Florida Probate Attorney, Call Michael Heider at 888-483-5040 for a free consultation. Get all your estate problems solved.
When you have property or assets that you need to pass onto another person at that time you need a probate lawyer. The banks or financial institutes can not verify and validate the Wills because they don’t have any idea about any document whether it is changed or superseded by another document. Probate is a process of validating a will.
Probating your assets is a bit difficult process as you need to take care of so many responsibilities that are connected to asset management and distribution. There are possibilities that you might confuse yourself because you’ve recently lost someone and you don’t want that emotion to be mentioned.
You can hire a Florida probate lawyer to avoid conflicts, speed up the process, avoid rejections by the court, provide the answer for any question, understand possible financial problems, no delays, etc. and we have the best Florida probate attorney for your needs. Call Michael Heider at 888-483-5040 for a free consultation.
It is important to have a good estate plan. You need to make a decision to protect your estate and also keep yourself far from the time-consuming process of probate that is costly as well. Protecting your wealth for your future generation is very important to ensure fair distribution of your estate.
To find a good probate attorney in Florida, you can ask your accountants, contact your local bar association, try to get some references from your friends or it is better to find someone who has a good reputation for providing excellent services as a probate lawyer in Florida that can understand your needs and accordingly provide the best guidance or solution.
We are here to help you! Heider Law, P.A. is one of the leading Florida Probate Attorney and provides legal counseling in the areas of probate and trust administration, asset protection planning, tax planning, estate planning, guardianship, and elder law. Call Michael Heider at 888-483-5040 for a free consultation.