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Medicaid Planning with Overstreet Law

Florida Medicaid planning is a critical issue for the aging population in Florida. Planning for long-term medical care costs is not as simple as it may sound due to the exponentially rising cost of long-term medical care for seniors. At an average cost range of at least $5,000 per month, life savings can be wiped out in a relatively short period of time.

What is Medicaid Planning?

  • Medicaid Pre-Planning prepares for long-term care. It applies to a nursing home, assisted living facility, or special home health care services. Pre-planning is essential to prevent financial devastation.
  • Crisis Medicaid Planning is when an individual enters a nursing home within a short period of time. Or they are already in a nursing facility and needs to qualify for Medicaid immediately.

In Florida, three categories are utilized for Medicaid eligibility:

  • Institutional or Nursing Home Medicaid
  • Home and Community-Based Services (HCBS)
  • Regular Medicaid

Institutional or Nursing Home Medicaid is available to all those who are eligible and in need of nursing home care.

Home and Community-Based Services (HCBS) support long-term care services that are provided in the home, at assisted living residences that have a managed care system, adult foster care, or adult day care homes. This Florida program utilizes one agency that takes care of all these types of long-term care needs. 

In the past, Florida offered “HCBS Medicaid waivers” but those are no longer available. Like those waivers, this managed care program limits the number of participants to space that is available to them and, therefore, there could be a long waiting list for these services.

Regular Medicaid in Florida is described as for the “Aged and Disabled (MEDS-AD)” and is available to all those who are eligible for the services. With this program, benefits are either provided in a home or adult daycare setting. 

Why Is Medicaid Planning Important?

Medicaid planning usually involves considering the welfare of both senior partners. One spouse may be attempting to qualify for Medicaid so that the cost of long-term nursing care is paid, and the other partner may still be healthy and prefers independent living at home. Here are some facts about Medicaid eligibility that may be helpful:

  1. First, the rules and regulations for Medicaid eligibility vary from state to state. Just because one senior may be ineligible for Medicaid does not mean the other will also be ineligible.
  2. Every Medicaid application has to have solid documentation as to why the senior needs Medicaid and has proof that his assets are less than $2000 if single and $3,000 if married.

The eligibility rules for Medicaid can be complex and confusing, and that is why a lawyer is often called upon to help. All seniors who apply for Medicaid benefits to cover the costs of a nursing home are required to complete the Medicaid Long Term application, in addition to the Medicaid application. 

This form will require the senior to disclose all income and assets, and what has been given away over the past five years. For example, if a senior wants to become eligible for Medicaid, he or she simply cannot transfer all the assets to children or a relative. Medicaid does a thorough background check to ensure that no transfers have been made in the past five years.

Florida Medicaid planning requires time and effort. If you are considering applying for Medicaid long-term care benefits and want to make sure things are done the right way, consult with a knowledgeable Florida Medicaid attorney. A lawyer who knows the “ins and outs” of the Medicaid rules in Florida can be an immense help. Contact our office to schedule a Medicaid Planning consultation. 

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If I Don’t Have Any Assets, Why Do I Need A Will?

Estate planning may sound like something wealthy people do to make sure their businesses, mansions, and money go to the people they wish after they die. In fact, it goes far beyond making a will, and it’s something every adult, at every stage of life, ought to do, whether or not they have financially significant assets. Estate planning, especially establishing advance directives and establishing power of attorney is vital to take care of now.

Advance Directives

An advance directive is a legal document that allows you to make choices about your health care before that care is needed. For example, you can set out your instructions for your care circumstances like an accident that leaves you unconscious; whether or not you want to be sustained on life support, and in what circumstances; your desires in case you become terminally ill or mentally ill. You can also establish your wishes for what is to be done with your body in case of your death. Do you want to be an organ donor? Would you want your body donated to a medical school or for research? Most commonly, advance directives for health care are handled through a living will or a health care proxy, which is a specific type of power of attorney, granted for making health care decisions.

Power of Attorney

In addition to health care decisions, you can designate someone to make financial or business decisions on your behalf, if you are not capable. That person you grant power of attorney is called an attorney-in-fact. By planning ahead, you have the opportunity to make considered choices. You can designate different attorneys-in-fact for health care and financial decisions, or choose one person to handle both.

Florida enacted new legislation in 2011 that made changes to the ways power of attorney documents are established and implemented. One important change is that power of attorney documents must now include a much more comprehensive list of authorities granted to the attorney-in-fact. Where the law once assumed that authorities not specifically excluded in a power of attorney document were included, it is now assumed that authorities not specifically included are excluded.

Providing For Children 

If you have minor children, and especially if you’re a single parent, you need to include provisions for those children in your will. You need to make sure you’ve named the people you want to become their legal guardian after your passing, and that you’ve done so in a legally binding way. Likewise, you’ll need to ensure that any life insurance benefits are used as you wish for the support of your children. If you don’t already have life insurance, getting covered will be an important part of planning for the future care of your children.

Estate Planning Is For Everyone

 Estate planning should cover all aspects of your current life, whatever that looks like. In addition to leaving instructions for your own care and finances, it covers issues like care of your pets if something happens to you, and access to your home and distribution of your personal property. That property may not have high monetary value, but there are likely items that hold high sentimental value, and you should be able to decide who should have them by designating beneficiaries and a trusted executor to carry your wishes out. The trust and estate planning attorneys at Overstreet Law, P.A. can guide you through the process of making an estate plan that covers the important matters in your life today, and into the future. Call or contact us online for a consultation and to learn more about estate planning for your specific stage of life.

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Why Millennials Need Wills, Too

The Millennial Generation is at the beginning of its adult life, and many Millennials are far more concerned about starting careers, buying homes, paying off college, and starting families than they are about planning their estates. Many believe that it’s too soon to start thinking about estate planning because they are young and healthy. At a bare minimum, even young adults should have a legally binding Power of Attorney, Health Care Surrogate Designation and a Last Will and Testament in place, and should have those documents reviewed periodically, because circumstances change over the course of a lifetime.

Plan Against The Unexpected

More than either their parents’ or grandparents’ generations, Millennials tend to prefer active and adventurous travel, often to more exotic locations. Before you head off to Bali for your trip of a lifetime, consider leaving travel insurance documentation in the hands of the person you want making emergency decisions for you, along with your power of attorney, health care surrogate designation, and a simple will. You never know when that diving trip may take a turn for the worse, and it’s better to have an unneeded plan than to have a problem and no plan in place.

Think About Your Pets

Financial assets aren’t the only things you need to plan ahead for, in case something happens to you. Do you have arrangements made for someone to take care of your pets if you’re incapacitated, or if you die unexpectedly? Does that caretaker have access to your home in case of an emergency? Do they know where to find your pet’s supplies and belongings, and where to reach your vet? Planning for the temporary or permanent care of your pets could make the difference between them living their lives out in a loving home and having them end up in a high-kill shelter if something were to happen to you.

What Happens To Your Digital Life?

Millennials have far greater digital presences than any previous generation. Because the development of legal standards regarding digital presences lag far behind the growth of those presences, it’s anything but clear what should be done with people’s social media accounts and websites when they die. It’s another perfect example of why Millennials need wills at an earlier age than their parents and grandparents ever did. Include an inventory of your accounts and sites in your estate plan, designate a caretaker, and make your wishes known. Certain media, like Facebook, allow you to appoint someone to take your account over in case of emergency, but others would require you telling your designee how to log in and what you want them to do with each account.

Items Of Sentimental Value

You may not be wealthy, but you probably have items that are rich in sentimental value that you’d like to go to people who will appreciate them, rather than a charity shop after you’re gone. You also don’t want friends and family squabbling over these things. It may seem silly to make an inventory of such things and list beneficiaries for them in a will, but you should. You might even consider working on a personal description of each item over time, so the eventual recipient will read in your own words why you consider the item a treasure and why you wanted them, in particular, to have it.

Millennials Need Wills & Estate Plans 

For people who are just starting out and don’t have major assets and complicated family ties, estate planning with an experienced attorney can be a surprisingly affordable step. The attorneys at Overstreet Law, P.A. can help you make your first will and estate plan, and review it for you as your life, finances, and family change in the future. Call or contact us online for a consultation. “Adulting” can be a challenge, but we can help you establish a solid estate plan for a firm foundation.

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Estate Planning Is Twice As Important In A Second Marriage

Preparing a will is important for Florida residents of all ages. When you’re planning to enter into a second marriage, or you’re already married for the second or subsequent time, thorough estate planning goes well beyond leaving a simple will, and it’s a critical step in ensuring that your assets are ultimately distributed as you intend.

Your Will May Not Be The Final Word Under Florida Law

While you may have given a great deal of thought and care in preparing your Last Will and Testament, and most people assume that that will be the end of any questions about distributing their assets after they die, there are some situations in which the law overrides your decisions. It’s critical to be aware of those potential issues and create a comprehensive estate plan that takes them into account.

The Florida Elective Share law says the surviving spouse is entitled to at least 30 percent of the estate of their deceased spouse, including their individually owned property, revocable trust, and share of any property jointly owned with a third party. The provisions of this law supersede any contradictory terms the decedent’s will may have included. While you may trust your spouse to set their right to make such a claim aside, and comply with the terms of your will, you should consider the fact that your surviving spouse may not be the one making the decisions in the future. If he or she is or becomes incapacitated, another person may be authorized to make an elective share claim against your estate on your surviving spouse’s behalf, even against that spouse’s wishes.

Florida law pertaining to homesteads may also override the terms of your will, in certain cases. Homestead law allows the homestead to be willed to a surviving spouse or minor child, but not to anyone else, if a spouse or minor child is still living. If your wish is to leave your homestead property to a parent, sibling, or anyone else, you’ll need additional estate planning measures to allow that bequest under the law.

Pre- And Post-Marital Agreements

Both pre-marital agreements and post-marital agreements are signed by both parties, and they provide a way for each spouse to arrange distribution of their estate assets as agreed, without running into situations where state law overrides their plans. It’s a common misconception that this type of arrangement and contract is only for wealthy people with large, complicated estates, but in fact, a pre- or post-marital agreement can make planning modest estates smoother and more secure, too.

Trusts And Mutual Wills

By coordinating the terms of their wills, and placing assets in a trust, couples can create a situation where each is assured that any children from previous marriages will be provided for as intended. This type of preparation reduces the chance that a surviving spouse might change their will after the first spouse dies, or that a situation might arise where state law would apply in a way that violates the terms the spouses agreed to.

Establish And Review Your Estate Plan 

Estate planning is not a one-and-done matter. If you’ve already begun your estate planning, it’s wise to have those plans reviewed periodically, and any time your desired bequests change. The attorneys at Overstreet Law, P.A. have decades of experience helping people with estates of all sizes plan for the future. Call or contact us online to schedule a consultation to get started on your estate planning, or a review of the plans you’ve already made.

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Why Do I Need Probate If I Have A Will?

Many people plan their estate succession by creating a Last Will and Testament that specifies how they want their assets distributed after they die. Unfortunately, it’s a common misconception that creating a Will takes care of everything and avoids the requirement for the estate to go through the Florida probate process. While certain assets don’t require probate, others do, and if the heirs are not aware of this, they may be in for a surprise. Making effective plans for your estate in advance can spare your family a lot of stress and potential expense later.

What A Will Does

A Last Will and Testament is a legal document that, among other things, names the parties you wish to distribute your assets to after your death. In most cases, the Will also names a personal representative who will oversee the estate until the terms of the Will are satisfied and all other legal requirements for settling the estate are met.

What Assets Can Transfer Without Florida Probate?

In general terms, assets that have a named beneficiary or a pay-upon-death designation, like life insurance or bank account, won’t require probate process. Assets jointly owned with right of survivorship can also be transferred or liquidated without probate. Determining which assets can be transferred without going through the probate process can depend largely on the way the asset is titled and any applicable laws governing the specific asset type, e.g. retirement accounts.

What Happens In Probate Court?

The Florida probate process, in short, has the court overseeing the verification and distribution of estate assets. The Will, if there is one, is legally validated; heirs and creditors are identified and located; debts are paid, and remaining assets are liquidated or distributed to the beneficiaries, either according to the terms of the Will, or according to Florida law pertaining to intestate succession.

Estate Planning To Avoid Complications 

Creating a valid Will is an essential part of ensuring your assets are distributed to the intended heirs. Some don’t make it as far as leaving a Will, and when they die intestate, the legal process of determining their heirs becomes more complicated. Others attempt to create a D.I.Y. Will which may later be found invalid by the Florida probate court. Working with an experienced estate planning attorney now can help lighten the load for your heirs after you’re gone.

Florida Probate & Estate Planning Attorneys Can Help

The Probate, Wills, Trust, and Estate attorneys at Overstreet Law, P.A. are here to help you create or review your will, and make sound decisions regarding estate planning. Setting up a legally valid will and estate can help your heirs through the difficult time after you pass, and gives you the assurance that your assets will be distributed as you intend. Call or contact us online for a confidential consultation and learn more about protecting your estate assets and your heirs from unnecessary complications and expenses. Effective estate planning today helps your family’s future and removes a significant set of worries from the picture.

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Why Does Florida Probate Take So Long?

Whether you are named as a Personal Representative in a Will or a beneficiary of an intestate estate, you may find yourself in the Florida probate process after the death of a loved one. Families often wonder what steps are involved in the probate process and how long it will take. There are many factors that determine how long the process. In many cases, it takes six months or longer. In some cases, where there are no disputes among the beneficiaries and no creditors, the process may move more quickly. Your Florida probate attorney can give you a timeline based on the simplicity or complexity of your loved one’s estate.

The following table gives an overview of the Florida probate administration process:

Stage Personal Representative Probate Attorney
1. Initial Conference Gather documents like the will and death certificate; statements for bank accounts and insurance policies; and other pertinent information like outstanding bills; and names and addresses of beneficiaries.

 

 Meet with Personal Representative; review documents and answer questions regarding probate process.

Prepare client engagement letter and schedule follow up time to sign initial filings.

 
2. Initial Filing Execute initial documents to be filed with the Probate Court. Wait for letters of Administration to be issued by the Court. Generally, it takes 4 to 6 weeks after filing. File initial documents with Probate Court. Send Notice of Administration to interested parties and/or obtain consents and waivers of beneficiaries.

 
3. Letters of Administration Once the Letters of Administration are received, open estate bank account. Contact banks and life insurance companies to issue checks to the Estate. List real estate for sale, if appropriate.

 

 Receive Letters of Administration from Court, and distribute certified copies to the Personal Representative.

 
4. Inventory Provide a list of estate assets; sign inventory to be filed with the Probate Court. Notify beneficiaries who will be receiving non-probate assets, like joint accounts or insurance policies with beneficiary designation.

 

 File Inventory of estate assets with 60 days of issuance of the Letters of Administration.

Prepare Notice to Creditors for publication.
4. Creditor Period Sign Notice to Creditors to be published in local newspaper. Provide a list of known creditors to your probate attorney. Wait for 3 month creditor period to end. Pay valid creditor claims & dispute claims that may not be valid (within 30 days). Sign Proof of Claim.

 

 Publish notice to creditors in county where the estate is administered; creditors have 3 months after first publication to file claims against the estate. Serve known creditors with Notice and file releases for paid claims.
5. Final Accounting Prepare and sign final accounting of estate assets.

 

 

 File final accounting and obtain any necessary waivers.
6. Distribute Assets Distribute assets to beneficiaries and close estate bank account. Prepare Distribution Agreement, if necessary, and obtain receipts & waivers.

 
7. Discharge of Estate Sign Petition for Discharge to close the estate with the Probate Court. Wait for Order of Discharge. File Petition for discharge and distribute Order of discharge to Personal Representative.

 

Hurry Up And Wait 

For nearly every filing or notice you’re required to send as part of the Florida probate administration process, there’s an associated waiting time (called a notice period) required, so that another involved party has time to respond. So, while you may find your deadlines weighing heavily on you, you may also find that the notice periods seem endless, and feel like the process is at a standstill. Focus on the tasks at hand (you’ll never lack for those!), and trust that your Florida probate attorney will help you stay on top of everything that needs to be done.

Experienced Florida Probate Attorneys Ease The Tension

The formal Florida probate administration process is complicated and makes most people feel overwhelmed and stressed out. The probate attorneys at Overstreet Law, P.A. are here to help families like yours through these confusing proceedings, keeping things moving as quickly as possible and communicating with you every step of the way. Call or contact us online for a confidential consultation, and we’ll work with you to develop a plan to move forward through the Florida probate process as efficiently as possible.

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What Happens When Someone Dies Without A Will?

When someone dies without a will things can get complicated. Who is responsible for making decisions? How do you know who inherits which assets? When there is no will to name a personal representative or beneficiaries, it can be difficult for a family to know where to begin when it comes to handling their loved one’s property.

Fortunately, every state has laws that govern how property and assets of a deceased person, known as a decedent, will pass to their heirs when a decedent dies without a valid will. called intestate succession. Intestate succession laws provide guidance for determining beneficiaries of the decedent’s assets that would have been determined by the decedent’s will.

Under Florida law, the decedent’s estate in inherited according to a prescribed hierarchy of family members.

  • Spouses – If the decedent was married and had no children, grandchildren great-grandchildren, etc., called lineal descendants, the spouse inherits all of the decedent’s assets. The same is true if the decedent had lineal descendants whose living parent is also the surviving spouse of the decedent. 
  • Children – When the decedent has children whose living parent is not the surviving spouse, the assets are split between the decedent’s spouse and children: The surviving spouse inherits half, and the children divide the other half. 
  • Parents – In cases where the decedent has no surviving spouse or lineal descendants, the decedent’s parents are next to inherit the assets of the decedent.
  • Siblings – Finally, if the decedent had no surviving spouse, lineal descendants, or living parents, any surviving siblings would share the inheritance.

Intestate Succession Laws Cover Some, But Not All Cases

Assets that are jointly held (between spouses or with rights of survivorship), or held in a living trust will are not subject to intestate succession. Those assets move from the decedent to the joint spouse by operation of law, or from trust to the beneficiaries by a separate legal process.

Because intestate succession laws only recognize legal relatives, unmarried couples do not inherit their partner’s assets through intestate succession.

Probate May Be Required 

It is important to know that intestate succession does not automatically transfer the assets from the decedent to the heirs. The decedent’s estate may require probate in order to transfer the assets to their heirs. An experienced probate attorney can help you get through the legal process smoothly.

The probate lawyers at the Kissimmee Law Firm of Overstreet Law, P.A. are highly experienced in helping families through these challenging circumstances. Call us at 407-847-5151 for a confidential consultation, and we’ll tell you how we can help your family navigate the probate process smoothly.

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Problems With Online Wills

You can find just about anything online these days and that include wills and estate planning documents. It can be very tempting to create your will online. It’s a quick process, you can do it from the comfort of home, it remains entirely private, and it costs less than consulting an attorney for help drafting a last will and testament.

However, online wills are not the right choice for everyone and may be more expensive in the long run. Here are some of our concerns with online wills.

 Considerations Before Completing An Online Will

  1. It’s a generic document. Online wills are generic forms that may not meet your needs. The rigid wording may make it impossible to properly manage your assets or have your last wishes fulfilled. These generic forms are not a good option if you have assets that will make your estate subject to the estate tax, if you own a small business, or if you have a complicated family tree involving re-marriages, stepchildren, properties in multiple states, or if you think someone might contest your will. In general, the more complex your estate, the greater the need to consult a wills and trusts attorney.
  2. It’s easy to overlook important details. Since online wills are so generic, anyone who uses one runs the risk of missing important details specific to their own situation. Meeting face-to-face with a wills and trusts attorney will ensure all of the relevant questions are asked and the details specific to your life are included in the will. Wills made with the assistance of an attorney will also include a residuary clause. This clause is a catchall for anything not expressly mentioned in the will. Not all online wills offer this clause.
  3. It may not remain current. Sometimes wills are made and forgotten. Without the oversight provided by an attorney it’s possible that heirs born after the will was made could be cut out of the will inadvertently. A will should be considered a living document, subject to occasional review and amendments, particularly when major life events occur. Births, deaths, marriages, divorces, and property acquisition are all examples of events that could change your wishes regarding your estate. An online will service will not check in with you occasionally to ensure your will is up to date; an attorney will.
  4. It may not be valid. Most jurisdictions have specific requirements regarding the language contained in wills and how they are to be executed. With 50 states, the Commonwealth of Puerto Rico and other U.S. territories, it is critical that the will be valid in the jurisdiction in which it was executed. If the will is not valid your estate will be treated as if there is no will and property will be divided according to the intestate laws of your state rather than your will.

Generic Forms Are No Substitute For Professional Advice From A Wills and Trusts Attorney

The point of creating a will is to protect your loved ones and help manage your assets upon your death. While do-it-yourself wills may appear to offer you a way to accomplish this task on your own, this is definitely a buyer beware and a “you get what you pay for” type of situation. Online wills are generalized to meet the needs of the most people possible. That means they may not accomplish your specific objectives; they are not a suitable substitute for an estate plan.

Having your will prepared by a qualified attorney is more affordable than you might realize and comes with the peace of mind of knowing that the document will meet your exact needs and takes into account all facets of your estate and family situation. The cost of having a will professionally prepared by a wills and trusts attorney at Overstreet Law, P.A. is well worth the protection it provides and can save your beneficiaries many headaches after your death.

Contact us at 407.847.5151 to learn more about our will and estate planning services and discuss your situation or arrange a consultation online.

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Locating Paperwork: Important Documents To Find Upon The Death Of A Loved One

Once the shock and surprise of a loved ones death eases, there is work to do. Namely, paperwork. It’s important to locate all of the important documents your loved one had in order to expedite the closing of the estate, but many people have no idea where to even begin. To help make the process easier for you, we’ve created this list of important papers that you’ll need to find after the death of a loved one.

Checklist of Important Papers

Death Certificates. You will need multiple original copies of the death certificate to submit to the Probate court, financial institutions, and life insurance companies, etc.

Estate Planning Documents.

  • Last Will and Testament and Codicil(s). Must be originals.
  • Living Trust and Amendment(s).

Asset Information.

  • Financial Account Statements
  • Life Insurance Policies
  • Real Estate Deeds
  • Auto and Boat Titles
  • Stock and Bond Certificates

Business Documents. These documents only apply to business owners.

  • Corporate, LLC, or Partnership Documents
  • Financial Account Statements
  • Vehicle Titles
  • Contracts such as leases, loans, and employment agreements.
  • Income Tax Returns

 Contracts and Agreements.

  • Pre- and Postnuptial Agreements and amendments
  • Mortgage/ Promissory Notes owed to the deceased person
  • Property Leases

 Bills.

  • Mortgages, Loans, and Lines of Credit
  • Real Estate Tax Bills
  • Medical Bills
  • Funeral Bill
  • Credit Card Statements
  • Utility bills

 Tax Returns.

  • Personal Income Tax Returns.
  • Business Tax Returns (if applicable)
  • Gift Tax Returns

Consult An Estate Planning Attorney For Assistance After The Death Of A Loved One

Planning ahead is one of the best ways to stay ahead when a death occurs in the family. We strongly encourage all families to create a file of important documents, passwords, and/or where to find this information upon their deaths. Doing so will make the passing easier on loved one who are left behind to manage the estate and will greatly ease an already stressful situation.

For help developing an estate plan, creating a will or trust, or managing probate, contact the estate planning attorneys at Overstreet Law, P.A, online or by calling 407.847.5151.

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When Does a Property Transfer Require Probate In Florida?

Transferring property after the death of a loved one is one of the most common issues our probate attorneys manage. After a property owner dies, the heirs, trustee, or personal representative will need to properly document the transfer of property ownership from the deceased property owner (or “decedent”) to their beneficiaries.

How a Florida property title is transferred depends on the type of property ownership held by the decedent and whether or not there was a will. Oftentimes, the property will need to go through the probate process.

Transferring Property Without Probate

Probate can generally be avoided is the property is held in the name of a trust or if the property deed shows the decedent owned the property with another person, as joint tenants with rights of survivorship or tenants by the entirety.

  • Trusts. Trusts are similar to a will in that they can dictate to whom property is to be transferred upon the trust maker’s (or Grantor’s) death. If the property was held in the name of the trust, a named trustee has the power to transfer property in accordance with the terms of the trust.
  • Joint Ownership with Survivorship Rights. If the property was held by the decedent and another person, as joint tenants with rights of survivorship, title to the property automatically passes to the surviving owner. The surviving owner will have to record a death certificate with the county’s clerk of courts, but probate is not needed.
  • Tenancy by the Entirety. This form of joint ownership is limited to married couples. In tenants by the entirety, the property is owned by the married couple as a whole, not as individual owners. Therefore, when one spouse dies, property ownership passes to the surviving spouse automatically. When a married couple purchases a home, Florida law actually presumes that they intend to own property together unless they specify otherwise.

Transferring Property Through Probate

Probate is necessary when the property owner held title individually, or with another person as tenants in common.

  • Individual Ownership. If the decedent owned the property individually, it will likely have to go through the probate process to transfer ownership to the heirs or beneficiaries.
  • With a Will. If the decedent has a Will, property is generally transferred to the named beneficiary through the probate process. The Will names a personal representative who , after being appointed by the probate court, is given authority to transfer ownership of the property in accordance with the terms of the Will..
  • Without a Will. When someone dies without a Will, they leave behind an “intestate” estate. In these cases, a personal representative will be appointed by the probate court to transfer ownership of the decedent’s property in accordance with Florida law known as intestate succession. Intestate succession determines the heirs of the decedent’s property; typically the surviving spouse, children, and/or next of kin.
  • Tenants in Common. If the decedent owned property with another person, other than their spouse, it is presumed they are tenants in common. Tenants in common each own an equal share of the property. The Decedents share of the property would be transferred to their heirs or beneficiaries through the probate process.

Keep in mind that state law dictates how property can be transferred. If you aren’t a Florida resident, the requirements may be different.

Meet With A Probate Attorney To Review Property Status

If you are uncertain about how to transfer property in Florida after the death of a loved one, contact one of our probate attorneys for advice consultation. A probate attorney can review the situation and advise you as to whether or not probate is required and guide you through the process. It is better to take a proactive approach and verify the decedent’s ownership and properly transfer their interest to the heirs or beneficiaries before trying to sell or reside in the property since documentation of the ownership transfer may be necessary.

To learn more about the probate services at Overstreet Law, P.A, contact us at 407.847.5151.

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