Pre-Mortem Probate Is Not An Option In Florida

Some people plan their funerals in such detail that you get the feeling that they wish they could attend their own funeral. They pick out the outfit they want to wear in their open casket, and they have it dry cleaned and hang it in the front of their closet, still wrapped in the plastic sheet from the dry-cleaning shop, where it remains as the future decedent lives out his or her days. They build a playlist of songs and constantly add to it; sometimes you will see an old dude in a red sports car he bought years ago, during his midlife crisis, blasting the classic rock playlist he hopes that his family will play at his funeral when he is gone. A more practical wish that involves bilocating in this world and the Hereafter would be to attend the probate proceedings for your estate, but hardly anyone wishes for that. Even though you cannot begin the probate of your estate in Florida while you are still alive, a few other states offer it. For help coming to terms with the fact that your funeral and the probate of your estate can only happen after you die, contact an Orlando estate planning lawyer.

What Is Pre-Mortem Probate?

Probate is supposed to happen after a person dies. It is the wrap up of the decedent’s financial affairs, including filing a final tax return, settling debts, and finally distributing the estate to the decedent’s heirs. Some states have instituted premortem probate to prevent disputes over the validity of the decedent’s will. In participating states, the testator of a will can testify before the probate court that he or she was of sound mind when he or she signed the will, and that the will is not the result of undue influence, such as fraud or coercion. People do this when they anticipate that some of their heirs will try to challenge the validity of the will because it does not leave them the inheritance that they wanted, or simply to antagonize their estranged relatives.

Pre-Mortem Workarounds for Postmortem Probate

Since Florida does not have premortem probate, you must get creative to stop challenges to your will before they start. One of your most powerful weapons in this regard is the in terrorem clause, which is designed to scare litigious family members out of challenging your will. An in terrorem clause says that any beneficiary of the will who challenges the validity of the will automatically forfeits his or her claim to an inheritance, regardless of the outcome of the challenge. For the in terrorem clause to work, you must leave the troublesome family member at least a small inheritance in your will, enough money to discourage him or her from challenging the will.

Contact Gierach and Gierach About Estate Planning for People With Big Plans for Probate

An estate planning lawyer can help you plan for a spectacular funeral and an uneventful probate.  Contact Gierach and Gierach, P.A. in Orlando, Florida to discuss your case.

Sources:

nysba.org/the-viability-of-pre-mortem-probate-in-new-york/

porterwright.com/content/uploads/2021/03/pp-35-02-mar-april-author-pdfs-sneeringer-et-al.pdf