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Blog

Avoiding Ancillary Probate

Ancillary probate occurs when a deceased person lives in one state, but also owns property in another state. The real estate located in another state, has to pertain to that state’s specific ...
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Benefits of Trusts

When getting involved in an estate plan, setting up a trust is an integral part of the process when you want to leave any wealth to your children. Essentially, a trust ensures that money is put to the ...
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Why Estate Planning?

Why do I need estate planning? I am perfectly capable of managing my estate. This is a common thought amongst the living. One of the things that this person fails to realize however is what will ...
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What to Expect from Estate Administration

When someone who owns property passes away, in most cases the only way to transfer their property to the rightful beneficiaries is through probate proceedings. Probate is a court-supervised process ...
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An Overview on Gift Taxes

When creating an estate plan, you may have several reasons why you may want to consider making cash gifts to your loved ones. Gift tax applies to lifetime gifts, whereas estate tax applies to estate ...
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If I Die Without a Will, Who Inherits?

A frequent question is: what happens to my property if I don't have a will? A will directs the transfer of assets that were in the deceased person's name alone. So if assets are titled in ...
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Placing Emphasis on Issues that Affect the Elderly

Elder law is a legal term that covers an area of practice that places emphasis on issues that affect our nation's growing aging population. The three major categories that make up elder law ...
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Benefits of Probate

Often times people are very unfamiliar with the process of probate until a loved one passes away and they are somehow involved in the probate of a will or the administration of an estate. Probate is ...
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Our Property Is In Joint Names, What Happens If We Both Die In An Accident?

Whether the account specifies "joint tenants with right of survivorship" or the owners were married when it was created, where the property goes depends upon the order in which death occurs. ...
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Letters Testamentary? Letters of Administration?

Often a person's first encounter with probate is when they go to the bank to close an account of a recently deceased relative. The bank's representative tells you that you need to provide ...
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Is There a Fast Way Through Probate?

Florida law does offer a short form of the probate process for certain estates, called Summary Administration. To qualify for Summary Administration, the estate must either: have assets that after ...
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Is This Will I Signed Before I Moved to Florida Good in Florida?

This is a question frequently asked. If the will signed in another state was valid there, it will be recognized by the Florida courts. Even if your Last Will and Testament will be honored by the ...
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What Will the Surviving Spouse Inherit in Florida?

The laws for distribution of assets after death through probate apply only to assets in the decedent's name alone. Property and accounts in the name of both husband and wife automatically remain ...
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Unexpected Questions of International Law Encountered in Probate of Florida Estates

When the deceased person and all heirs are United States citizens and residents, one does not anticipate any issue involving international law. Yet sometimes they are found. In one estate, the ...
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Issues in Probate

Where will your remains rest? Some of the usual conflicts that arise during probate of an estate involve: Who will be the personal representative, Management of the estate assets, Assets included in ...
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The Accidental Guardianship

How Much Will Your Child Pay in Fees? For most young families who make a Last Will and Testament, one of the most important and difficult decisions is naming a guardian for their minor children in the ...
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Will My Will Be Willfully Honored?

Some Reasons Your Will May Not Be Honored: If you put forth the time, effort, and expense to have your will prepared by a Miami probate lawyer, you want it to be followed. A common reason that a will ...
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Will Your Estate Be Litigated?

Will contests and other litigation during administration of your estate or trust is very stressful to the parties, delays distribution, and greatly increases the costs. One might think that only ...
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In Charge of Estate Administration?

Are you in charge of administering an estate? If you are designated as "Personal Representative" in the will of a deceased Florida resident, you are charged with the duty to administer the ...
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Welcome to My Miami Probate Blog

Laws and regulations regarding probate are frequently changing, and it is my job as a lawyer to inform my current or prospective clients about said changes. I want to give everyone the most up-to-date ...
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Frequently Asked Questions

What is probate?

Probate is the legal process of administering and dividing your estate. Your estate may be divided according to your will, or by the Florida probate court if a will is either invalid or nonexistent.

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Susan E. Durre - Miami Probate Lawyer
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