Avoiding probate (Florida)?
Posted By admin on May 13, 2010
Question is how to keep an estate valued under $60,000.00 from going through probate, present situation
1. credit cards in debt 15 grand (all up to date)
2. One child all goes to him in Will.(Named as executor).
3. Several attorneys gave mixed answers about the creditors, will my creditors give my executor an opportunity to carry on and pay my bills off ?
Is this true ?
In Florida, you can make a living trust to avoid probate for virtually any asset you own — real estate, bank accounts, vehicles, and so on. You need to create a trust document (it’s similar to a will), naming someone to take over as trustee after your death (called a successor trustee). Then — and this is crucial — you must transfer ownership of your property to yourself as the trustee of the trust. Once all that’s done, the property will be controlled by the terms of the trust. At your death, your successor trustee will be able to transfer it to the trust beneficiaries without probate court proceedings
I have asked several times this same question, and it seems to be nobody has any real legal knowledge of Florida’s probate fees and simple procedures. The county I live in has been accused of charging unauthorized fees and other things against people, it is also been stated to me by several attorneys that an attorney has to be retained out of the estate under Florida law. The Fla. bar said no but if retained an attorney can charge a maximum fee even if court appointed, that’s why I did a Will to aviod the estate to have to be liquidated via probate.

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