Probate

Understanding the Doctrine of Necessaries in Florida and New York

Key Insights on New York’s Transfer on Death (TOD) Deeds

As of July 19, 2024, New York State has introduced Transfer on Death (TOD) deeds—a groundbreaking development for property owners. This new law allows property owners to transfer their real estate directly to beneficiaries upon death, bypassing the often lengthy and costly probate process. Here’s a breakdown of what you need to know. Understanding the […]

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Defining Probate

The words “probate” or “court”, independent of each other, commonly cause anxiety and sometimes, even fear. Those emotions are heightened when you or a loved one is faced with having to go through the probate process after having suffered the loss of someone near and dear.  In the event you or a loved one is

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First Steps to Opening a Florida Probate

If you are interested in opening a Florida probate, your Florida attorney will follow these initial steps to open the estate. Deposit Original Will If the decedent (the person that passed away) had a Will, the person that possesses the original Last Will either sends it to the attorney, or files it with the county

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What is a POA and are they important?

What is a power of attorney? A power of attorney, usually abbreviated as “POA,” is a personal agent appointed by a principal to assist with the day-to-day financial affairs due to incapacity, inconvenience, or other reasons. In many cases, the agent acts alone on behalf of the principal when they are unable to do so.

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Can an LLC Operating Agreement Avoid Florida Probate?

A properly drafted LLC may very likely avoid Florida probate.  Many individuals use the limited liability company (“LLC’) to own rental property in Florida for asset protection and to limit personal liability.  It is the favored entity for closely-held businesses and family investments. Many families see the LLC as a substitute to the irrevocable trust or

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