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Category Archives: Probate

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Distinguishing Between Probate and Non-Probate Assets

By Gierach and Gierach, P.A. |

The process of administering and probating a last will and testament involves figuring out what assets are estate versus non-estate (or probate versus non-probate) assets. And executor must make this distinction in order to properly address with estate taxes. Probate/Estate Assets The general rule is that all probate assets are assets that must pass… Read More »

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How Payable On Death Accounts Fit into Florida Estate Planning

By Gierach and Gierach, P.A. |

A “transfer on death” account (also known as “payable on death” or “in-trust-for” accounts, or “Totten trust”) allows joint account holders (of a bank account, etc.) to dictate who receives the funds or assets once that the second owner dies. These accounts are managed based on state law; for example, Florida does not allow… Read More »

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Florida Fourth District Court Of Appeal Decides Mandatory Restricted Depositories in Probate Are Improper

By Gierach and Gierach, P.A. |

When it comes to probate, Florida law addresses placing financial assets into a restricted depository account in a financial institution in order to reduce the risk of improper use by the estate’s personal representative. While some counties impose the restricted depository accounts in all cases, for all estates, others only do so if the… Read More »

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Senior Citizens Concerned About “Money-Draining Probate System”

By Gierach and Gierach, P.A. |

When most people think of the word “probate,” they think of the process of having to go to court and validate a will. But what many people do not realize is that probate court can serve as both a way to protect the disabled and elderly from financial and physical abuse, while also opening… Read More »

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