Law Offices Of Laurie E. Ohall P.A.

Probate & Guardianships

Probate

At the time of death, all assets of the decedent must be transferred out of his or her name. Assets that are jointly owned, have a beneficiary designation or that are payable on death, do not have to go through probate. However, all other assets which are titled solely in the decedent's name must go through probate and this can often take between 6 to 12 months. Taxes and debts are paid, and the remainder is passed to the beneficiaries.

It is important to remember that a will does not avoid probate, it simply tells the judge who you want your assets to go to. Many people will use a revocable living trust to avoid probate. A living trust is similar to a Will in that it tells everyone who you want to have your assets, and who you want to administer the trust at your death (the successor trustee). However, a living trust can avoid probate because title to the property is held in the name of the trust, not an individual. Therefore, at the death of the decedent, the successor trustee takes over and can administer the trust in accordance with the trust provisions.

Some common probate terms:

Personal Representative (same as Executor) - the person appointed by the court to administer the estate.

Formal Administration - a court proceeding whereby a personal representative is appointed for estates with assets over $75,000 and/or which have creditors.

Summary Administration - a more informal court proceeding for estates valued at less than $75,000 and/or which have no creditors or where the decedent has been dead for more than two years. No personal representative is appointed.

Ancillary Administration - a proceeding for a non-resident of Florida who died owning real property in the state of Florida - depending on the value of the property, this can be a formal or summary administration.

Beneficiary - a person who inherits property from the decedent's estate either by will or by statute.

Testate - an estate is testate when someone dies having signed a Last Will and Testament.

Intestate - an estate is intestate when someone dies without a Last Will and Testament.

GUARDIANSHIP

Guardianship may be needed for a variety of reasons - an elderly person becomes incapacitated and can no longer manage their property or be by themselves; a minor child loses their parents or inherits property valued at more than $15,000; a disabled child turns 18 years old and the parent can no longer make legal or healthcare decisions for the disabled child. Guardianships require the use of an attorney and the Law Offices of Laurie E. Ohall can help in the following ways:

•· Preparing the Petitions to Determine Incapacity and to Appoint a Guardian, and attending those hearings with the potential guardian;

•· Helping the guardian file an inventory of the Ward's assets and a plan on how the Ward will be cared for (this must be done on an annual basis);

•· Helping family members set up special needs trusts for disabled beneficiaries;

•· Working with personal injury attorneys or individuals to establish a guardianship over the property for a minor who is the beneficiary of a settlement

•· Working with the guardian to be discharged at the end of the case (death, age of maturity, restoration of capacity, transfer of guardianship out-of-state)

Attorney, Laurie Ohall, works with the personal representative to gather information and facilitate the probate. Because Florida requires an attorney to help with the probate, Laurie often works with representatives that live out of state. Laurie also works with potential guardians to set up the guardianship whether it be for a minor child, an incapacitated adult, or a disabled adult child.

Law Offices of Laurie E. Ohall, P.A.

9350 Bay Plaza Blvd., Suite 120-04
Tampa, FL 33619
Telephone: 813-514-8180 | Fax: 813-514-8181
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The Law Offices of Laurie E. Ohall, P.A., represents clients throughout the Central Gulf Coast of Florida, including the following cities: Tampa, Brandon, Riverview,Gibsonton, Thonotosassa, Valrico, Plant City, Apollo Beach, Seffner, Bloomingdale, Sun City Center, Ruskin, Wimauma, Lutz and Temple Terrace.

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