Is Probate A Dirty Word?

Is Probate A Dirty Word? In fact, it can be a very If Floridians were asked desirable option under to write a ten commandcertain circumstances, ments of estate planning, including: the very first commandment would probably be, 1. If the estate is so small Thou shalt avoid probate. that it can go through an expedited probate proceIndeed, my clients fredure, reducing the cost and quently rate probate avoidhassle of the process for ance as their number one survivors. concern. It’s almost like Joseph S. Karp, 2. If the person(s) who probate has become, well, C.E.L.A. want to set up a revocable a dirty word. Should it be? living trust to avoid probate do not First, let’s define what probate is wish to, or don’t have the capacity, to and isn’t. Probate is the process whereby the Probate Court superdo the legwork involved in transfervises the distribution of a deceased ring assets into the trust and continperson’s assets. The court works with uing to monitor that all new assets get the decedent’s personal representatransferred into the trust. 3. If a person actually desires court tive(s) to ensure that creditors are paid, oversight, to help ensure that his wishand the beneficiaries listed in the will, es are carried out as he desires. or if there is no will, beneficiaries un4. If a person’s spouse is on Medicder Florida law, take possession of aid, the person may want to set up a their inheritances. testamentary special needs trust— So is probate as unpleasant as many which must go through probate—to believe it to be? For many families, benefit the spouse while preserving the answer is yes, for these reasons: 1. It can be expensive, adding addithe spouse’s eligibility for Medicaid tional legal and administrative fees benefits. 2. It can be burdensome and inconvenient for family members. Listen to Joe Karp with 3. Depending on the complexity of Anita Finley on Saturday, the assets and the estate, probate may June 14 from 7:30-8:00 AM be a lengthy, drawn-out process that on WSBR 740AM and on the prevents heirs from receiving their inInternet at www.wsbrradio.com. heritances for months, sometimes even years. Joseph S. Karp is a nationally certified 4. The finances and dispositions of and Florida Bar-certified elder law attorney the decedent become public record, (C.E.L.A.) specializing in the practice of Trusts, which many find objectionable. Estates and Elder Law. His offices are locat5. In some cases, a married couple ed at 2500 Quantum Lakes Drive, Boynton Beach; 2875 PGA Blvd., Palm Beach Garwith a taxable estate will pay unnecdens; and 1100 SW St. Lucie W. Blvd., Port essary estate taxes if they fail to adopt St. Lucie. Call him at 561-752-4550 (Boynprobate-avoidance strategies like a ton); 561-625-1100 (Palm Beach Gardens); bypass trust. or 772-343-8411 (Port St. Lucie). Toll-free That said, for other families, profrom anywhere: 800-893-9911. E-mail: KLF@ Karplaw.com. or website www.karplaw.com bate doesn’t have to be a dirty word.

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