If an individual dies owning assets in his or her name alone (“probatable assets”), a probate court proceeding must often take place to determine who is to receive the assets and how the assets will be distributed. This is true even if the deceased left a Last Will & Testament. The Will...
Category: Probate
A Quick Guide to Florida Probate
To some people, the very term "probate” may invoke fear about a bureaucratic and costly process involving a deceased individual’s estate. But those with the facts – and a qualified Probate Lawyer by their side – will find that Florida probate law is nothing to be feared or dreaded.
Florida Probate for Small Estates
Probate is a court-supervised process for identifying, gathering, and distributing an individual’s assets, transferring the title of the assets to the beneficiaries of the probate estate, and resolving any mandatory creditor claims. It can be a time-consuming and costly process, requiring the filing of specialized documents and compliance with specific laws and procedures.
The Definitive Guide to Probate for Foreign Nationals
If you are among the thousands of foreign nationals who own real estate and other assets in Florida, be aware that Florida law has special requirements and protocols for non-U.S. citizens who own property in Florida at the time of their death. Probate for foreign nationals involves the intersection of state, federal,...
Ways to Avoid Probate in Florida
Avoiding probate is often among the top priorities of anyone undergoing estate planning, and for a good reason. Probate is known to take too much time, cost too much money, and cause too much stress for loved ones. The Florida probate process can be overwhelming, especially following a traumatic event like...
6 Things You Need to Know About Florida Probate
Dealing with grief is not easy in itself, so when you also have to deal with the probate process after a loved one passes, it can be doubly stressful. The probate process involves identifying a deceased loved one’s assets, paying off their outstanding debts (if applicable), and distributing the rest of the...
Transfer Real Estate Without Probate With a Lady Bird Deed
A Florida Enhanced Life Estate Deed (also known as a “Lady Bird Deed” because President Lyndon Johnson used one to pass property to his wife, Lady Bird Johnson) is an estate planning instrument that allows a property owner to maintain control of his or her real property while also avoiding probate...
The Florida “Lady Bird” Deed – What You Need to Know
A Lady Bird Deed is one of the best estate planning tools Florida has to offer. Formally known as an “Enhanced Life Estate Deed,” this type of deed allows a property to pass automatically to a decedent’s designated beneficiaries upon death without the need for probate.
The history behind the name of...
Ask a Probate Attorney: What Happens When You Die Without a Will?
Most people know that a Will is a crucial legal document in any estate plan, as it establishes what assets you own and to whom they will be distributed. Given the importance of a Will, it is reasonable to wonder what would happen to your estate if you were Farshchian Law
The Florida Probate Process
Probate is the process of identifying the assets that belong to a deceased’s estate, using those assets to pay any debts or obligations owed by the deceased, and finally, distributing the remaining assets to the beneficiaries named in a will or as per Florida law (when there is no valid will).