Asset Protection, Trusts and Wills

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Our goal is to provide each of our clients with as much information as possible about Asset Protection, Trusts and Wills. As you will see as you review the following material, there is a lot of information to digest and consider. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you about any legal aspects of Asset Protection, Trusts and Wills at your convenience either over the telephone or in person at the Spiegel and Utrera, P.A., office nearest you. What do some of these terms mean? Click here for a Glossary. For answers to Frequently Asked Questions (FAQs) about Asset Protection, Trusts and Wills. Click here for FAQs.

Florida Summary Estate Administration

Most states have enacted laws for the expedited probate administration of small estates in order to enable heirs to obtain property of the deceased provided certain requirements are met. As a result, small estates may be summarily administered with less time and cost. If the deceased had conveyed most property to a trust but there remains some property, small estate laws may also be available.

If the value of the estate subject to probate in Florida (not including property exempt from the claims of creditors such as homestead real property) is not more than $75,000, and if the debts of the deceased are paid, or the creditors do not object, Summary Administration may be available. Those who receive the estate assets in a Summary Administration may remain liable for claims against the deceased for two years for the death of the decedent. If the deceased has been dead for two years and there has been no previous administration, Summary Administration may also be available.

An estate may skip probate administration altogether if the requirements of a Disposition Without Administration are met:

The filing to initiate a Disposition Without Administration should be after 30 days of the death of the deceased in the county where the deceased resided and requires the death certificate, paid and unpaid medical, hospital and funeral expenses, asset documentation reflecting ownership, and the Last Will & Testament of the deceased, if one exists.

Spiegel & Utrera, P.A. stands ready to help you during the administration of your loved one’s estate.

Click here to submit information about your individual situation and an attorney will contact you.

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