Most estates in Florida that have to be probated, it's required to use an attorney. One exception is when the personal representative is the only beneficiary, but other than that, most estates require an attorney. Read More
Should I try and avoid probate?
Most times, yes. I'm a believer in avoiding probate. It's a long process that can be very costly, and it's just emotionally draining. There's no reason to have to go through a probate if you do a little bit of planning ahead of time. Read More
Even if I am married, should I still title my homestead into a trust?
I'm a big believer in this at this time because in the event a married couple is involved in a car accident and both pass away your property is in a trust, it avoids the probate court process which is a long and expensive process. Read More
I don’t really have a lot of assets. Do I still an estate plan?
One of the most commonly asked questions that we get is that unless you have a 10,000 square foot home with a 12 foot garage, or a 12-car garage, do you really need an estate plan. The truth is, and the honest answer is that the size of your estate, the assets you've accumulated, have nothing to do with whether or not you're going to create an estate plan or not. It really has to do with being able to properly Read More
My spouse and I own everything jointly. Do I still need a will?
Absolutely, yes. We strongly recommend that everybody that's out there has some form of will in place because even if all of your assets are jointly owned and held together by you, your spouse or another loved one, they key to preparing a properly drafted will are the following things. Number one, it's gonna allow you to select, then put down guardians for your minor children and hopefully you'll never need them Read More
How long does probate usually take?
And uncontested probate administration in the state of Florida in most counties takes approximately six or seven months. In Miami Dade County, however, it takes between nine months and a year to complete. Read More
How will my business operate if I am unable?
Basically, many small business owners we encounter are basically the only owner of their particular business. What we really want to impress upon those particular business owners are, if you're the only one that has the ability to sign checks, do payroll, administrate your operations, et cetera and so on, it becomes critical that you set up an operating procedure whereby people within your organization or maybe Read More
When should a business owner implement a succession plan?
Basically any and all businesses that are profitable, that have an ongoing concern, that are properly doing things on a regular basis to make profit year in, year out, really need to sit down and think about a succession plan and an exit strategy as to what they're going to do with their own particular small business. Whether you are an individual owner or whether you are a partner in a larger operation, it is Read More
What is the difference between a succession plan and an estate plan?
The difference between an estate plan and a business succession plan are is that the estate plan really looks at the individual in a wholistic way. It covers everything that the individual may own from beginning to end. The concept behind a business succession plan really is designed to implement a strategy for a small business owner, whereby they're taking a look at how they're exit strategy is going to be Read More
What if my business is owned by multiple business owners?
If you happen to be an individual that owns a piece of a small business, whether you own as little as 5% or as much as 95%, it is critical that you have a proper operating agreement, or some type of partnership agreement, or some type of business agreement in place that addresses you and the rest of your partners. Because on our end, as we do the estate planning and the business succession planning for our particular Read More
