If you’re new here, you may want to subscribe to my RSS feed. Thanks for visiting!This is a common misconception! (Unfortunately, too common)
Trusts do NOT avoid probate if the trust (revocable trust or living trust) was not funded properly before the death of the decedent.
First things first. It’s not a “quick” claim deed , it’s a quit claim deed.
If a quit claim deed or a warranty deed was properly executed from a decedent to a beneficiary BEFORE the decedent died, that property is not considered a “probate asset,” and does not have to go through probate [...]
Marie from Rochester, NY has turned her father’s house upside down and can’t find the Will.
“Quick” Question:
“My dad who ironically was an attorney, died and we can’t find his Will. We have no reason to believe that he wrote a Will other than the fact that he was an attorney and we find it [...]
Every once in a while, we get a call from a prospective Florida probate client who spends about 20 minutes explaining who inherits under the decedent’s Last Will and Testament, only to finish by saying “but I only have a copy of the Will.”
That IS a problem.
Under Florida Statutes, the custodian of the [...]
Here are some (hopefully helpful) guidelines that might help you make your selection:
Do not “lawyer shop” by price alone - This is the single biggest mistake you can make. Sure, price has its place in the overall criteria, but it’s not necessarily rooted in the old adage, “you get what you pay for.” Some attorneys [...]
Janice from New Mexico wanted to know if probate was necessary to change title to real estate:
“Quick” Question
“My mom owned a parcel of land in Lee County but was a resident of New Mexico. She died last May and we’re done with probate there. Can I just file the death certificate and deed [...]