Many people are unaware that if you have a beneficiary on your retirement account, life insurance, or other asset, the beneficiary designation supersedes your will. For example, if your will leaves all your assets to your spouse, but beneficiary designations have your children listed as the primary...
Bills and Services to Cancel When a Loved One Dies
If you’ve recently lost a loved one, you might be going through the difficult process of wrapping up their affairs—some of which are all too easy to overlook while you're mourning your loss. Unfortunately, this can lead to unnecessary expenses or, for some services, significant financial consequences. With that in mind, here’s...
Intestacy: What Happens When One Dies Without a Will
When someone dies without a will, the assets owned by that person do not pass to the State. Rather, the laws of the State where one resides determine who the assets are distributed to. Generally speaking, the people who inherit are...
Is Probate Still Required if There is a Surviving Spouse?
The determination of certain property rights is an important issue following the death of a spouse. Fortunately, in Florida, surviving spouses have many property rights. For example, pursuant to the Florida probate code, a surviving spouse may be entitled to some or all of a deceased spouse’s estate, including:
What to do Upon the Death of a Loved One
Knowing what to do when a loved one dies can alleviate some uncertainty and anxiety. Death certificates will be needed for each asset owned, as well as for filing(s) with governmental agencies. If the decedent was collecting a pension or social security, the appropriate...
An Overview of Probate in Florida
Probate is the court-supervised process of administering a deceased person’s will. Although probate sometimes leads to litigation, the majority of probate cases are purely administrative. In other words, in most cases, the court simply supervises the probate process to ensure that the law is followed and that the wishes of the...
ESTATE PLANNING WITH TIME SHARES & VACATION HOMES
Most people are unaware that having a time share can create estate planning problems. Time shares are typically considered real property, and the ownership is evidenced by a deed. As such, they are considered an asset for estate planning and tax purposes. They are used as vacation homes and...