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EPGD Law Blog

Category: Probate & Guardianship
EPGD Law Probate
Probate & Guardianship
Niuris Bezanilla

What is Probate in Florida?

Probate is a court process that is used to determine the authenticity of a will as well as to administer the estate of the deceased individual. Through probate, the court supervises the payment of all the debts of the decedent to his creditors. Subsequently, the court administers the distribution of the assets of the estate to its beneficiaries in accordance with the will of the decedent. In case of an absence of the will, the court will arrange the asset distribution according to the laws of intestacy of the applicable state.

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EPGD Law Adult Exploitation
Family Law
Niuris Bezanilla

Adult Protective Services in Florida

The Adult Protective Services in Florida are part of the Florida Department of Children and Families. You can report adult exploitation online at https://reportabuse.dcf.state.fl.us/ or by calling their hotline at 1-800-962-2873.

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EPGD Law Estate Planning
Estate Planning
Niuris Bezanilla

HBO®’s “Succession” The Importance of Succession Planning as Part of Your Estate Plan

While the show is fictional, the reality is that succession planning is an important aspect of estate planning that should be fully integrated into your plan, especially for business owners.  A solid estate plan not only provides for the disposition of your assets upon your passing but also plans for someone to take your place (a successor) when you are no longer able to perform your responsibilities due to incapacity or death. 

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Estate Planning
Niuris Bezanilla

Signing Your Will Under Seal

Generally speaking, signing under seal makes the contract more formal. “The formality of a promise under seal is an efficient, trustworthy method of channeling a person’s deliberate intent to be legally obligated”

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Estate Planning
Niuris Bezanilla

What is Ancillary Probate?

The primary probate proceeding is usually held in the decedent’s state of residence or home state. However, a state probate court only has authority over property in its own jurisdiction; it does not have the power to issue orders for property that is located in another state. Therefore, an additional probate proceeding becomes necessary.

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Estate Planning
Niuris Bezanilla

What is a GRAT?

GRAT, short for Grantor Retained Annuity Trust, is a type of irrevocable trust that alleviates the tax cost of passing assets to your beneficiaries.

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Estate Planning
Niuris Bezanilla

What Happens to a Car Lease After the Car Lessee’s Death?

Often times, payments still need to be made and the payments become the responsibility of the deceased car lessee’s estate. Sometimes car dealerships will negotiate with the personal representative of the deceased’s estate and may be able to transfer the remaining lease to another person.

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Estate Planning
Niuris Bezanilla

Is an Executor the same as a Personal Representative?

The personal representative you appoint will be the person in charge of handling your estate once you pass. This individual has vast responsibilities and powers; therefore, your personal representative should be someone that you trust.

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Estate Planning
Niuris Bezanilla

What are the Consequences of not Having a Will?

What happens if you do not have a will or your will is not valid? In these cases, the state declares the individual to have died “intestate,” and your property follows a chain of succession to determine the owner.

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Estate Planning
Niuris Bezanilla

Probate Assets vs. Non-Probate Assets

Probate is the process after a person passes or becomes disabled; their assets are put on hold until the will is validated, any remaining debt is paid off, and the beneficiaries of the will are identified.  Probate can be a long and stressful process, especially after such a difficult time.  Non-probate assets avoid this long, costly process and pass directly to a decedent’s heirs.

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Estate Planning
Eric Gros-Dubois

A tweet, a tweet! A Lady Bird Deed!

A lady bird deed (called an enhanced life estate deed in Florida) is a relatively new form of deed that—like a traditional life estate deed—allows property to pass automatically to one or more designated recipients at death, without the need for probate. 

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