C.J. Hilliard Law, P.A.2026-05-18T11:05:56Zhttps://www.will-lawyer.com/feed/atom/WordPress/wp-content/uploads/sites/1303957/2024/12/cropped-siteicon-32x32.pngOn Behalf of C.J. Hilliard Law, P.A.<![CDATA[The process of inheriting a house in Florida]]>https://www.will-lawyer.com/?p=472972026-01-24T17:59:48Z2026-01-24T17:59:48ZSome transfers are automatic
Occasionally, property owners may have taken steps to ensure that their chosen beneficiary immediately and automatically inherits the home where they live. They may have executed a lady bird deed. A lady bird deed naming an individual as a beneficiary allows for the transfer of the property outside of the probate process. Florida is one of the few states that acknowledge lady bird deeds.
Other times, individuals who already lived with a co-owner and who held title as joint tenants with rights of survivorship could inherit the property without it passing through probate court. Those named as beneficiaries of a trust that owns the home can also establish or maintain residence there without probate court involvement.
Probate transfers take time
Any estate that contains real property is likely to require formal probate administration. The process could take a year or longer to complete. Until the personal representative administering the estate notifies all interested parties and fulfills financial obligations, the final transfer of ownership may not occur.
If the prior owner named a person expecting to inherit as a beneficiary in a will, they may have a straightforward claim to the home. In cases where homeowners die without a will, there may be more challenges to address. Specifically, people have to establish that they are legal heirs under Florida's intestate succession laws.
Spouses and children have protection under intestate succession rules and are often the parties to inherit real estate. Unmarried romantic partners, distant family members and friends technically have no inheritance protections under intestate succession rules in Florida.
Those hoping to inherit a home from an estate often have a lengthy probate process ahead. Insight and legal guidance can be valuable for those who hope to inherit a home where a loved one lived after their passing. Individuals expecting to inherit a home may need to discuss their circumstances with an experienced probate attorney accordingly. They can review estate planning documents and their legal rights under Florida state statutes at that time.]]>On Behalf of C.J. Hilliard Law, P.A.<![CDATA[The arrival of a new grandchild is a good time to create an estate plan]]>https://www.will-lawyer.com/?p=472512025-02-14T13:37:45Z2025-02-14T13:37:45ZWelcoming a new child into your family is a momentous occasion filled with joy, love and a sense of new beginnings. For many, this event often sparks a period of reflection, prompting them to consider how they can best support and protect their growing family for years to come.
As you face new family dynamics that come with being a grandparent, you may find yourself thinking about providing for future generations and reassessing your financial goals. This is an opportune time to reassess your financial goals and create a plan that aligns with your new role as a grandparent.
Key estate planning components to consider
As a grandparent, you have a unique opportunity to contribute to your grandchildren's future, not just through love and guidance but also through financial planning. Whether you have a modest or substantial estate, creating an estate plan is a powerful way to support your children in raising their own little ones. Here are some tools that can make a lasting difference in your grandchild's life:
Wills and trusts: These documents are foundational tools in estate planning. A will lets you specify how you want to use your assets for their benefit. You may also establish a trust fund to support their education and other needs.
Life insurance: By naming your grandchild as a beneficiary, you can provide them with financial support even after you are gone. This can be especially valuable if you want to contribute to their education or help them start their adult life on solid financial footing.
Retirement plans: Your 401(k)s, IRAs and other qualified retirement plans can be powerful tools for supporting your grandchild's future. The beneficiary designations for these plans typically override your will, so make sure to keep them up to date.
By incorporating these elements into your estate plan, you create a safety net for your grandchild's future.
How estate planning can benefit your grandchild
Think of estate planning as a heartfelt way to secure the future of the next generation. By thoughtfully structuring your estate, you can provide financial support for their endeavors down the road, from education to their first home and entrepreneurial dreams. Your careful planning today can offer your grandchild a strong foundation for tomorrow.]]>On Behalf of C.J. Hilliard Law, P.A.<![CDATA[Do estate creditors always get to collect money before heirs?]]>https://www.will-lawyer.com/?p=469222025-01-14T22:23:15Z2025-01-14T22:21:55ZSo, do estate creditors always get priority?
Yes, generally, creditors have a priority claim, but there are exceptions and specific rules that govern the order of payment. In Florida, the order of payment is determined by the state's probate laws and the specific circumstances of the estate.
A homestead exemption can protect a primary residence's value from creditors, but it's not a complete shield. For example, if the decedent had a mortgage on the homestead property, the mortgage holder can still foreclose on the property to collect the debt, even if the spouse or minor children are entitled to a homestead exemption.
Certain statutory entitlements, such as the spousal elective share (30% of the estate), child support or Medicaid reimbursement, may take priority over creditor claims.
Not all assets may be subject to creditor's claims. For example, assets held in a living trust might not be part of the probate estate, though a revocable trust does not protect assets from creditors.
Navigating the probate process can be overwhelming. Seeking legal advice from an estate attorney can be beneficial, especially if there are disputes among heirs or if the estate has significant debts. An attorney can clarify which debts are valid and sort out any other issues.
While creditors generally have a priority claim on the estate's assets, there are exceptions and specific circumstances where heirs may receive assets before creditors are paid. It's essential to understand these exceptions and the probate process in Florida.]]>On Behalf of C.J. Hilliard Law, P.A.<![CDATA[Does having a will keep an estate out of probate in Florida?]]>https://www.will-lawyer.com/?p=467612024-12-24T17:18:26Z2024-12-18T21:12:05ZHow does having a will impact the probate process?
Having a will does not exempt an estate from going through probate in Florida. In fact, a will is essentially a roadmap for the probate court. It indicates how the deceased wanted their assets distributed and names the executor responsible for managing the estate through the probate process.
While a will does not avoid probate, it can simplify the process. A clear, well-drafted will can help speed up the probate proceedings by clearly outlining your wishes and potentially reducing conflicts among beneficiaries. This can make the process smoother and sometimes quicker.
Is it possible to avoid probate?
While a will can help simplify the probate process, there are still people who want to minimize the impact that this process has on their estate. If this is a priority for you, there are several tools that can help you avoid probate:
Joint ownership: Property owned jointly, with rights of survivorship, passes automatically to the surviving owner without going through probate.
Beneficiary designations: Financial assets such as life insurance policies, retirement accounts and some bank accounts allow you to name a beneficiary. These assets will pass directly to the named beneficiary without going through probate.
Trusts: Perhaps one of the most effective tools for avoiding probate is a trust. Assets placed in a trust can avoid the probate process, instead passing directly to your heirs.
Each of these methods has its own benefits. If you want to avoid probate, it is wise to consult with an estate planning attorney who can provide guidance based on your specific circumstances and goals. They can help you create an estate plan that supports your estate planning goals.
Whether through a will, trust or other means, taking the time to plan your estate can save your beneficiaries time, money and stress during the probate process. Consider your options and decide on the best approach to meet your goals and provide for your loved ones after you are gone.]]>On Behalf of C.J. Hilliard Law, P.A.<![CDATA[Is probate required for a bank to release funds in Florida?]]>https://www.will-lawyer.com/?p=461922024-12-24T17:22:51Z2024-12-03T16:59:44ZWhen is probate necessary to access funds held in a bank account?
Probate is the legal process for distribution of assets after death. In Florida, whether probate is needed to release bank funds depends on:
Account titling: If the account is jointly owned or designated as "Transfer on Death" (TOD), probate may not be necessary.
Beneficiary designation: If the account includes a beneficiary designation the asset can transfer to the named individual(s) without probate.
Total estate value: Florida law provides a simplified process without probate for smaller estates.
It is important to note that the presence of a will does not exempt an estate from probate but directs the distribution according to the deceased’s wishes.
How can I access funds without full probate?
For smaller estates or when specific conditions are met, accessing funds without undergoing a full probate process might be possible. Florida law provides for alternative procedures for small estates and those with certain types of assets. It is important to obtain death certificates, proof of account ownership, and any will or estate plan documents to move forward with this process. The person making the request would then need to provide the necessary documents and fill out any forms required by the bank to release the funds.
Understanding the specifics of Florida’s probate requirements can save time and reduce stress during the already challenging period following a loved one’s death. In many cases, especially for smaller estates or those with clear beneficiary designations, full probate may not be necessary to release bank funds. The rules that guide the process can change. It is important to stay up to date on any changes that could impact your situation. An attorney experienced in this area of law can review your situation and provide further guidance tailored to your needs.]]>