experienced attorneys in

probate & probate avoidance

We are here to help you plan to avoid probate or represent you in probate court. We are also experienced in assisting with the preparation of estate tax returns, fiduciary accounting, settling creditor’s claims, and trustee representation.

The team at Bach, Jacobs & Byrne, P.A handles ancillary estate administration in Florida for non-resident estates. Contact the firm if you need assistance with ancillary administration.

Probate is a court-supervised process for identifying and gathering the assets of a deceased person, paying their debts, and distributing their assets to beneficiaries after some of these assets are used to pay the costs associated with probate court.

Probate Assets Vs. Non-Probate Assets?
Probate Assets Vs. Non-Probate Assets
Probate assets include assets for which the deceased person was the sole owner or jointly owned assets which lacked provisions for automatic succession of ownership at death. Non-probate assets include jointly held property for which ownership includes the “right of survivorship.” In this situation, the surviving owner automatically owns the property when the other owner dies.
How Can We Help You Avoid Probate?
How We Can Help
Our attorneys can help you avoid probate by creating a revocable living trust to plan for management of your assets in the event of your incapacity or death. Avoiding probate with the help of a qualified attorney is especially important for high net worth individuals. Many jointly owned properties and certain types of bank accounts can be set up so that they will automatically be transferred to the person you wish to inherit them at your death. With sophisticated tax planning language, it is also possible for an IRA to be left to one’s trust.
Why Would I Want To Avoid Probate?
Probate Avoidance
Probate can be a lengthy process. Beneficiaries must wait until the process of paying back creditors during probate is completed to receive their inheritance. Financial costs are involved in commencing and administering a probate proceeding including filling court fees, the fees of the Personal Representative, and the fees of the attorney administering the estate. When a Will goes through probate, it becomes public record. In contrast, Trusts can avoid the process of probate and remain private. It is always recommended to avoid ancillary probate for out-of-state real and tangible personal property owned.

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