What are the benefits of avoiding probate?

Lazaro J. Mur, Esq.   


Simplification. If you can avoid probate, why go through it?  It's time consuming and it's costly, and can be easily avoided with proper planning. That's why you should consult with an attorney that specializes in estate planning. 

Why should I avoid probate?

Lazaro J. Mur, Esq.    


You should avoid probate because you don't need the time and expense of having to submit a will to court. It can be simply avoided by having a revocable trust. That's why it's so important to contact attorneys that specialize in estate planning. 

How can I avoid probate?

Lazaro J. Mur, Esq. 


Look, you can avoid probate by having something as simple as a revocable trust that takes care of your family needs, that addresses all of your concerns regarding your spouse and your children in the event of your death. Probate can be avoided, that's why it's so important to contact attorneys that specialize in estate plannin

What is the elective share?

Lazaro J. Mur, Esq.    


The elective shares are right that your spouse has to elect to take assets, regardless of what your will says. In other words you cannot disinherit your spouse. That's why the elective share has to be carefully taken into account when planning your estate, with an attorney that specializes in estate planning. 

Who is entitled to the elective share?

Lazaro J. Mur, Esq.    


Only your spouse is entitled to the elective share, no one else. That is a critical election that could undermine your estate planning objective if not carefully considered. That's why it's so important to consult with an estate planning attorney. 

How much does the surviving spouse receive: elective share?

Lazaro J. Mur, Esq.   


Under the elective share, the surviving spouse can receive as much as 30% of your estate, regardless of what your will says. That's why it's so important to consult with an estate planning attorney. 

Can a spouse be removed from the estate plan?

Lazaro J. Mur, Esq. 


Yes, a spouse can be removed from an estate plan. However, it requires very careful planning. It may require a postnuptial agreement. It may even require a waiver of the elective share. For that reason, you should always consult with an attorney that specializes in estate planning. 

What happens to inherited assets in a Florida divorce?

Lazaro J. Mur, Esq.  


Listen, if you inherit assets and then you fall into a divorce, if you've commingled those assets with your spouse, consider the fact that they become part of the marital estate. Careful planning needs to be taken into consideration with inherited assets, and they should never be commingled. That's why you should always consult with an estate planning attorney when you have an inheritance. 

What happens if you do not have a will or a trust?

Lazaro J. Mur, Esq.   


If you don't have a will or a trust, then the courts will determine how your assets are to be distributed. It's based on Florida statutes, and it may not be in line with your estate planning objectives. That's why it's so important to contact an estate planning attorney. 

When is the right time to begin estate planning for myself?

Lazaro J. Mur, Esq.   


You know the right time to begin estate planning for yourself is now. You plan for the future today. Otherwise, you'll never have the knowledge and power it takes to accomplish your objectives. That's why it's so important to contact an attorney that specializes in estate planning. 

What does a proper estate plan include?

Lazaro J. Mur, Esq.   


Look, a proper estate plan will include a number of things depending on the individual needs. It could be as simple as an I love you will, it could be as complicated as a third party directed irrevocable beneficiary trust. It all depends on the facts and circumstances, but what's important is for you to act, act now, and speak with an attorney that specializes in estate planning.