Blog

A Deed Is Not Title

Probate deals with real property a lot – houses, condos, vacant lots, commercial buildings. Our clients often confuse the word “title” with “deed.” They will refer to a deed when they really mean title, as in “When does probate give me my deed?” One reason for the confusion is that, for motor vehicles, there is… read more

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Why is a Mortgage Not a Debt That the Estate Must Pay?

“How come I still have to pay the mortgage on my parent’s house, that I inherited in probate, when the Last Will states that all debts of the estate are to be paid?” That is a question we get sometimes – and it’s a great question. Why is the mortgage not a debt that the… read more

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Opening The Estate Account Takes Patience

By: Statewide Probate® www.statewideprobate.com A client recently wrote, “….Just opened the estate account. Merciful heavens, childbirth was easier. Such a lengthy detailed process that took over an hour.” Yes, depending on the bank or credit union, and the particular branch, and the experience of the employee opening the account, it can take a while for… read more

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Why Your Deed May Be No Good in My State

By Bruce A. McDonald www.statewideprobate.com The internet covers the world, and through it, people can find legal forms from all 50 of the United States. A deed good in California should be good in Florida, right? After all, it’s all one country, right? No, not true. We may live in the United States of America,… read more

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Death Does Not Stop a Corporation or LLC

Besides taxes and liabilities, there is another good reason to incorporate a sole proprietorship: what happens when you die. There are often several good reasons to incorporate a business that is a “sole proprietorship” (one man or woman doing business or offering professional services). In addition to shielding against some liabilities and saving taxes in… read more

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Grandchildren Inherit in Probate Unless Otherwise Stated

A common myth in Florida: in order to inherit from a parent, a child must survive the parent. In Florida, that is not true. A pre-deceased child does inherit when the parent dies but does so through their own children (in other words, through the grandchildren of the person who just died). Let’s say John,… read more

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Probate and Taxes (Oversimplified)

Taxes are confusing to most folks. We are often asked by executors and heirs, “Do I need to worry about taxes?” No offense to the IRS, but that’s like asking if you need to worry about snakes. The answer is: it depends on the snake. For taxes, it depends on whether you are talking about… read more

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What Happens if You Don’t Get Around to Making a Will?

A lot of people think that “the State” gets a portion of your assets if you die without a will, which is not the case. Florida has very detailed “default” rules outlining who inherits in probate estates where there is no Will. In most cases, the spouse inherits first, with some exceptions if there are… read more

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There’s Always a Plan, Just Not Always a Good Plan

If you do not plan your estate, the State will plan it for you. Whether they know it or not, everyone in this country has an estate plan. It’s either one they did themselves or one done for them by the state where they live. For some folks, the state’s plan for those who don’t… read more

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Wills Do Not Avoid Probate. They Steer the Probate

A very common misconception is that if Mom or Dad has a Will, no probate will be needed when they pass away. That is wrong. There are some steps people can take to avoid a probate administration when they die, but signing a Will is not one. That is because the Will is a “roadmap”… read more

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