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Estate Planning

Tips for Florida Personal Representatives: How to Locate Online Assets for Probate?

By Elder Law, Probate

Question:  My husband recently died.  He was very tech savvy and handled all of our finances online.  If the court appoints me personal representative, how am I going to find all his financial assets and accounts for administration of his probate estate?

Answer:    Your situation is part of a growing trend as we move to a ‘paperless society.’  A good place to start to locate assets for the purposes of probate administration are smartphones, computers, email, and voicemail.  You can look for information about assets by looking on your husband’s computer for favorites folders and websites, bookmarked websites, browsing history, and especially any financial software.  If you need assistance with the handling of your husband’s estate, you can contact the attorneys at Bach & Jacobs.  Our team stays on the cutting edge technologically and can show you new and innovative ways to identify all assets.  You may even find that there are assets out of state that require an ancillary administration in the other state.  Contact Bach & Jacobs at (941) 906-1231 to assist you with identifying and valuing digital assets for both in-state domiciliary probate administration or ancillary administration in Florida.

November 15, 2013
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Summary Administration for an Ancillary Probate Estate

By Elder Law, Probate

Question:  I am the personal representative for someone who died out of state and is not a Florida resident.  However, the deceased owned land in Sarasota County.  Do I need to open an ancillary probate in Sarasota?  If so, does it have to be the full formal probate or can it be the expedited administration?
Answer:    Even if the decedent’s estate is administered by an out-of-state probate court, assets located in Florida, especially real estate, may have to be administered by Florida’s probate courts.  An ancillary probate in Florida may be handled in an expedited way (called a “summary probate”) or a formal probate depending on the facts of the case and the value of the assets.   Bach & Jacobs, P.A. frequently assist people with Florida ancillary probate administrations.  If the real estate is titled solely in the name of a decedent, then there is no alternative to probate to correctly transfer title upon sale or transfer to the heirs. If you need assistance with the probate of a non-Florida resident’s estate assets in Florida, contact Bach & Jacobs at (941) 906-1231.  We can review your case and let you know if summary probate or formal probate is appropriate for your particular Florida ancillary probate proceedings.

November 8, 2013
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Probate Administration When the Will is Lost

By Estate Planning, Probate

Question:  Before my father passed away, he told me he had appointed me personal representative of his estate.  I know I need to initiate a probate proceeding to administer his estate, but I can’t find his will.  What do I do?
Answer:    If someone dies without a will, the distribution of the decedent’s estate is governed by the laws of intestacy and the decedent is considered to have died “intestate.”  This should only be used when one has no known last will.  If a will was known to exist but is lost, Florida has procedures to establish a lost or destroyed will so that the estate is administered according to the deceased’s last will.  The essential elements of the procedure are to (1) submit a “correct copy” of the will; (2) provide testimony of at least one “disinterested witness” to the will signing and (3) provide evidence proving that the deceased did not intend to destroy the will.  Bach & Jacobs, P.A. has experience in complex probate matters.  If you are seeking to have a lost will admitted to probate, contact the attorneys at Bach & Jacobs at (941) 906-1231 for assistance.

November 5, 2013
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Ancillary Probate When There is No Will

By Elder Law, Estate Planning, Probate, Real Estate

Question:     What happens to real estate in Florida if the owner is an out-of-state resident who dies without a will?

Answer:    When someone dies without a will or ‘intestate’, there is no will to file with the court.  However, the real estate in Florida may have to be dealt with in Florida’s probate courts through “ancillary administration” of the estate.  Ancillary administration is usually required when the Florida real property is titled solely in the name of the decedent. First, probate must be commenced in the out-of-state county where the decedent lived, called “domiciliary proceedings.”  To commence the ancillary administration in Florida, the petition for administration and the court order appointing a personal representative in the other state will need to be filed with the Florida court where the real estate is located.  These documents from the domiciliary proceedings must also be “authenticated,” meaning  it must have a court seal from the out of state court as well as language that the document is a certified or authenticated copy of the original.  The team at Bach & Jacobs handles ancillary estate administration in Florida for non-resident estates.  Contact the firm if you need assistance with ancillary administration.

October 24, 2013
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What is a Guardianship?

By Guardianship

Question:     What is a guardianship?

Answer:    Guardianship is a process by which a court appoints someone to protect the health and financial security of an incompetent or incapacitated individual who is no longer able to adequately take care of some or all of either their activities of daily living or their finances or both.   If you are concerned that someone you care about is no longer able to handle some or all of their personal care or finances, call Bach & Jacobs to discuss whether a guardianship or another lesser restrictive alternative may be an appropriate option.

October 21, 2013
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What is an ‘Authenticated Copy of a Foreign Will?’

By Elder Law, Estate Planning, Probate

Question:     How do I know if I have an authenticated copy of a foreign will?

Answer:    Florida law allows for ancillary administration for a resident of another state that dies leaving assets in Florida.  The law requires the admission of an authenticated copy of a non-resident’s will if the will devises or bequeaths real estate in Florida.  This means that the clerk of the Florida court where  the ancillary probate is to occur must be given a copy of the will that has a court seal from the out of state court where the will was filed.  You can obtain an authenticated copy by going to the clerk’s office in the county where the will was originally filed and requesting an authenticated copy.  A quick way to confirm whether the copy of the will is ‘authenticated’ is to feel for a raised seal on the clerk’s stamp and to look for language that the document is a certified or authenticated copy of the original.  If you are the personal representative for a non-Florida resident and need assistance with an ancillary administration in Florida, call Bach & Jacobs at (941) 906-1231 to speak to an attorney.

October 16, 2013
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Tax Incentives for Conserving Land

By Estate Planning, Land Conservation Easements, Tax Law

Question:     Can I reduce my taxes if I do not develop my land?

Answer:    Policy makers at the federal and state level have enacted tax incentives to encourage landowners to conserve environmentally sensitive land.  Property owners who have undeveloped, natural land and record a ‘conservation easement’ deed to restrict development and degradation of their real estate may qualify for federal income tax deductions or local property tax exemptions or both.  The conservation restrictions will have to be enforced in perpetuity by a land conservation non-profit or governmental entity.  Attorney Sean Byrne of Bach & Jacobs has represented parties in multimillion dollar conservation land transactions.

October 9, 2013
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Is Ancillary Administration Always Necessary for an Out-Of-State Resident Who Dies Owning Florida Real Estate?

By Elder Law, Estate Planning, Probate, Real Estate

Question:     Does Florida Real Estate Owned by an Out-of-State Resident Always Have to Go Through the Florida Probate Process?

Answer:    An “ancillary administration” of the estate is usually required when the property owned by the out-of-state resident is titled solely in the name of the deceased person.  This is the only way for title to be properly conveyed to the beneficiaries.  However, there may be instances where ancillary probate is unnecessary even though a resident of another state died owning Florida real estate assets.  For example, if the Florida real estate is titled jointly between the deceased person and another person or entity, the real estate would be transferred to the other person or entity without the need for ancillary administration.  Another example that would avoid ancillary probate is where the real estate is titled in the name of a trust, rather than in the name of the decedent.  If you are the personal representative for a non-Florida resident and want to know if an ancillary administration is required in Florida for the estate, call Bach & Jacobs to speak to an attorney.

October 2, 2013
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Liens Against Trust Beneficiaries for Child Support

By Elder Law, Estate Planning

Question:     My ex-spouse is a trust fund beneficiary, but has not paid me court-ordered child support in over 2 years.  Can I attach a lien on my ex’s trust income?

Answer:    Florida law allows a trust beneficiary’s child, spouse, or former spouse with a court judgment for support or maintenance to reach the beneficiary’s interest by “attaching” a claim for the present or future trust distributions in some cases.  However, there are instances where you would not be able to reach the trust income.  For example, if the distributions to your ex-spouse are not required but are simply within the discretion of the trustee, then you may not be able to attach your claim for child support to the ex-spouse’ s trust income.  If you need legal advice regarding claims against a trust or a trust beneficiary’s income, contact Bach & Jacobs for assistance.

September 26, 2013
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Retirement Provisions in the American Taxpayer Relief Act of 2012

By Asset Protection Planning, Estate Planning, Tax Law

 The American Taxpayer Relief Act of 2012 (ATRA), passed to avoid the fiscal cliff, includes two provisions that are important to many IRA owners and retirement plan participants. The first extends tax-free charitable contributions from IRAs through 2013, and the second eases the rules for 401(k), 403(b), and 457(b) in-plan Roth conversions.

 The Pension Protection Act of 2006 first allowed taxpayers over the age of age 70½ to exclude from gross income otherwise taxable distributions from their IRA (“qualified charitable distributions,” or QCDs), up to $100,000, that were paid directly to a qualified charity. The law was originally scheduled to conclude in 2007, but was extended through 2011. The law has just been extended yet again through 2013 by ATRA.

 If you need legal advice for estate planning, Asset Protection Planning, or Medicaid planning, please contact our office at (941) 906-1231 for an initial consultation.

September 23, 2013
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