Probate Avoidance in Florida

Vero Beach Probate Attorney Also Serving Indian River County

There are many individuals who have been through the probate process before, and subsequently, there are numerous people who wish to avoid the probate process altogether if at all possible. In the state of Florida, one way to avoid the process of probate is to get a revocable living trust. Another way to avoid probate is to create a Last Will and Testament before you die, so that you do not die intestate or, (without a will). Within the will you can lay out your last wishes and how you who would like to appoint as your beneficiaries to receive your assets once you are gone.

So you are probably wondering, why do I want to avoid probate? The most common reasons to avoid the probate process include:

• To Save Money- Probate can cost you thousands in legal fees, depending on how large and complex the matters of the estate are.
• To Avoid Delays and Escape the Hassle- Probate is a long and time-consuming process and it is very inconvenient for the family that you leave behind. Until it is finished, the assets are non-transferrable because they are tied up in court. This means that your heirs beneficiaries may have to wait a several months before they ever receive their inheritance.
• To Maintain Your Privacy- When your estate enters into probate court, it becomes a public matter. This means that a copy of your will can be viewed or obtained by anyone who goes to the courthouse. If you are the type of person who likes to keep these final matters private, then avoiding probate would be the best option.

For these reasons, you may want to avoid probate if at all possible. In order to accomplish this, you may benefit from a revocable living trust. This process will transfer your property that you wish to be distributed to a trustee, who will then hold this estate for the designated beneficiaries. If you are considering this option but have further questions, then it is important to have a skilled representative on your side who can give you the information and education that you need in order to accomplish your goals.

How to Avoid Probate

The basic principle that you want to keep in mind is that having a will does not automatically mean that you can avoid probate. The term probate literally means "to prove" in Latin. The court must be able to establish the validity of your Last Will and Testament. One simple key to remember is that you can typically avoid probate if you arrange your assets in a way so that all your assets are immediately passed on to an heir or beneficiary at the time of your death. You don't want any property or assets left in your name after you pass. In order to do this, there are several tools that you can use such as:

• Joint Tenancies- passing property to a surviving joint tenant
• Life Estates- passing the property to a surviving remainderman
• Beneficiary Designations- passing the property to a designated payable-on-death heir
• Living Trusts- taking the property out from under your name so you do not own the assets at the time of your death

If you have any questions about the techniques of avoiding probate, do not hesitate to speak with a Vero Beach probate attorney from my firm David F. Albrecht, P.A. today.

Contact a Vero Beach Probate Lawyer

Are you looking for a probate attorney in Indian River County, FL? I am Attorney David Albrecht from David F. Albrecht, P.A., and I have a long history of success in the cases that I have handled in the past. If you choose to work with me, then you can be sure that I will stand by you and work with you to pursue the results and the future that you desire. I was admitted to practice in 1973, I have nearly 40 years of experience, and I can put this experience to work for you. I am a general civil practice attorney and counsel at law, and your situation is important to me. Contact a Vero Beach probate attorney from my firm today to schedule a case evaluation and begin the process of pursuing the results that you need. Call my firm at (772) 353-4466 to get started on your case!