Every family should have an estate plan, not just the phenomenally wealthy. Estate plans cover incapacity and death, and although these are difficult discussions, our estate planning attorneys will guide you step-by-step through what can be confusing. And by tapping into estate planning services now, Berlin Patten Ebling’s experienced trust and estate planning lawyers will help preserve your legacy and protect your family for generations.
We often encounter this question – and it’s not a “one-size-fits-all” answer. Our estate planning lawyers can help you decide if a simple will or living trust is best for you based on your unique asset profile, family dynamics, and personal goals. However, it would be best if you had a fundamental estate planning checklist to protect your family, and we can help you build it.
Our goal at Berlin Patten Ebling is to educate and never sell you on a particular estate planning technique. Instead, your estate planning attorney will present options in clear, plain language and empower you to choose the best solution to protect your assets and family. In addition, as laws inevitably change, we encourage you to meet with an attorney annually to ensure your plan stands the test of time.
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In Florida, probate is a court-supervised process for identifying and gathering the assets of a deceased person (decedent), paying the decedent’s debts, and distributing the remaining decedent’s assets to his or her beneficiaries. If the decedent had a valid Last Will & Testament, the probate is considered testate, and any probate assets will be distributed pursuant to the Will; on the other hand, if the decedent did not have a valid Last Will & Testament, the probate is considered intestate, and any probate assets will be distributed according to Florida’s intestacy laws, which can be found here.
Under Florida law, there are two types of probate administration: Summary Administration and Formal Administration. Our experienced probate attorneys and paralegals will help you determine whether probate is necessary, as well as which type of probate administration is appropriate.
Probate administration applies only to probate assets. Probate assets are those assets owned in the decedent’s sole name at death or owned by the decedent and one or more co-owners and lacked a provision for automatic succession of ownership at death. Examples of assets or property that may be probate assets may include:
Please note that this list is not exclusive, but rather is intended to be illustrative. Your consultation with one of our experienced probate lawyers will include a customized analysis of whether each of the decedent’s assets must be probated.
Probate may be necessary to transfer ownership of the decedent’s probate assets to the decedent’s beneficiaries. If the decedent left a valid Last Will & Testament, the Court will admit the Will (according to procedures) to probate to transfer ownership of probate assets to the named beneficiaries. If the decedent had no Last Will & Testament, probate might be necessary to pass ownership of the decedent’s probate assets to those receiving them under Florida’s intestacy laws. Probate may also be necessary to wind up the decedent’s financial affairs. Administration of the decedent’s estate ensures that the decedent’s creditors are paid if certain procedures are correctly followed. Our skilled probate attorneys and paralegals will guide you in navigating Florida’s complex probate system.
