Florida Revocable Trust‘s are often used to avoid problems. The North Carolina Estate Planning Blog has an interesting article on when you should not use a Living Trust.
1. You want the court to dictate how your estate is handled.
2. You favor supporting the government, so you like the idea of your estate paying thousands of dollars in court fees.
3. You believe testamentary dispositions and lists of assets should be public record.
If you are a resident of the state of Florida, you may create a will in another state. You do not have to create a Florida Will or execute a Florida Will within the state of Florida.
There are some areas of a will that even if executed in another state may not be valid in Florida. For example many states do not have the same restrictions on who can be a guardian or the formalities required to execute a will. Most wills, other than with a holographic will, that are validly executed in another state will be valid in Florida.
Florida requires that holographic wills be executed with the same formality as another will and does not recognize the exceptions for a handwritten will that some other states do.
A Florida Will provides instructions on how to distribute your assets upon your death. Many people believe that if they do not have a Florida Will their assets will be taken by the state. This is not true. Florida has a default will for all individuals built into the Florida Statutes. If you die without a will, your assets will be distributed to your spouse and children, and then your parents, siblings, nieces, and nephews as prescribed by Florida Law. For more information on this request our Florida Probate Handbook for free. If you want to be able to specify who will receive your assets and not depend on the state’s view, you must have a Florida Will.
There are some issues that are not discussed in the statutes. Who will take care of my children? What will happen to my body? Only a Florida Will will prevent the State of Florida from making these decisions. If you have minor children you should have a will to determine who will be the guardian of the children in the event of your death.
There are many times when it’s a good idea to update your will which includes if you purchase or sell the real property if your marital status changes if your financial condition changes significantly, and if you have children or grandchildren you would like to recognize in the event of your death.
Tallahassee Probate court is located in Leon County. Tallahassee does not have any unusual probate fees.
The Leon County Courthouse is located at:
301 S. Monroe St.
Florida Special Needs Trust Lawyers & Florida Supplemental Needs Trust Attorneys.
Florida Families who have disabled children had a greater need for a Florida Estate Planning Lawyer to prepare for the possibility that they do not outlive their children. When people have disabilities or special needs, it’s important for parents to provide for their welfare while you are alive. There are also significant advantages to creating a Florida Special Needs Trust or a Testamentary Special Needs Trust.
When assets are left to an individual with special needs in a normal trust or outright, it could disqualify the individual from government benefits as well as require that any remaining assets be paid to the government for reimbursement of services provided during the individual’s life.
Gainesville Probate court is located in Alachua County. Gainesville does not have any unusual probate fees.
The Alachua County Courthouse is located at:
201 E University Avenue Gainesville, FL 32602 Tel: (352) 374-3636.
Fort Lauderdale Fort Lauderdale Probate court is located in Broward County. Fort Lauderdale does not have any unusual probate fees.
The Broward County Courthouse is located at:
201 S.E 6th Street Fort Lauderdale, FL 33301 Tel: (954) 831-7154.
Orlando Probate court is located in Orange County. Orlando does not have any unusual probate fees.
The Orange County Courthouse is located at:
425 N. Orange Avenue Orlando, FL 32801 Tel: (407) 836-5115.
St. Petersburg Probate court is located in Pinellas County. St. Petersburg does not have any unusual probate fees.
The Pinellas County Courthouse is located at:
315 Court Street Clearwater, Fl 33756 Tel: (727) 464-3267.
Tampa Probate court is located in Hillsborough County. Tampa does not have any unusual probate fees.
The Hillsborough County Courthouse is located at:
490 1s t Avenue South St. Petersburg, FL 3370 Tel: (813) 276-1800 Ext. 4771
