DISTRIBUTION OF ASSETS IN PROBATE & ESTATE PLANNING

HIRING A PROBATE ATTORNEY IN Port St Lucie FLORIDA

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DISTRIBUTING PROBATE PROPERTY

Probate Attorney Port St Lucie Florida – What are probate assets?

Property that belonged solely to a deceased person is distributed through the probate process. Certain property does not go through the probate process, such as property in a trust.

After the probate property is determined and collected, the personal representative will have to manage the assets, handle the taxes and finally distribute the assets according to the valid will or Florida intestate laws. This is also known as estate planning and assures that all parties receive the inheritance they are due.

Property that avoids the probate process includes:

  • Certain jointly-held assets
  • Certain death benefits
  • Funds in a pay-on-death account
  • Retirement accounts with a beneficiary
  • Previously administered gifts

Call Probate Attorney on the Treasure Coast Florida today
772-419-0057

HOW ASSETS ARE DISTRIBUTED IN FLORIDA

If the deceased, or decedent, left a valid will, then the court will distribute assets according to those guidelines. The will, however, may be contested for a variety of reasons. One of these reasons is that the Testator was unduly influenced into signing a will. If the will is thrown out, the estate plan will be distributed as if the decedent left no valid will.

Florida intestate laws will determine how the property is distributed if the decedent left no will.

If a decedent is survived by a spouse, but all of his or her children and other descendants are either not living or descendants of both the decedent and the surviving spouse, the spouse will receive the entire probate estate. Interstate laws make provisions for spouses, descendants, parents, siblings and more remote relations to receive their due inheritance. If there are no surviving relations, the state of Florida will inherit the estate.

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772-419-0057

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HIRING A PROBATE ATTORNEY IN FLORIDA

We understand that attempting to distribute a loved one’s assets according to their wishes can be a difficult task, but a Florida probate attorney can help you. With over 40 years of combined legal and business experience, Florida Probate Attorney on the Treasure Coast Jon L. Martin, is prepared to assist you with even the most difficult of probate legal matters.
For more information about options for your unique legal situation, complete a free case evaluation today!

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772-419-0057