Florida Trusts and Estates Probate Law
Attorneys Wills Trusts Estate Planning

  • Certified Specialist, Real Estate Law, The State Board of Florida Board of Legal Specialization
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  • Wills - Trusts - Estate Planning
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Probate
as answered in The Breeze by Attorney Sylvia E. Heldreth
I recall reading about avoiding probate and would like to do so to eliminate my own estate taxes. How do I do this?
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I have heard that real estate is usually the greatest asset that people have at the end of their lives. This has been true for both my deceased father and grandparents. I am the executor of my recently deceased mother's estate but I have never had to go through probate or been an executor before. Real estate, her home, is also her biggest asset and the property itself is as messy as her financial records. Her Last Will and Testament states that the house should be sold and that the proceeds be divided among her heirs. The contents are to be divided also but I'm unsure how to do that. Where should I begin?
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I've heard the word "probate" a dozen times but I'm still not sure what it means or why I need to avoid it.
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My husband has agreed to be his sister's personal representative when her estate is probated. How does the probate process work? What will he have to do?
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My husband and I are having a disagreement. He says that if we have written Wills our estate will not have to go through the Probate process. I say that even though our estate is very small, it will still need to be probated because we have property, insurance policies, retirement plans, etc.
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This information is not intended as specific legal advice to anyone and is based
upon facts that change from time to time. Individuals should seek legal counsel
before acting upon any matter involving the law.
1215 Miramar St., Cape Coral, FL 33904
Telephone: 239-542-8899, Facsimile: 239-542-2923

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