Page 27 - Southen Exposure - August '22
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Southern Exposure, Page 27
elder esTaTe PlaNNiNg
The Pros And Cons Of Probate
Submitted by Anné Desormier-Cartwright, Esq.
In estate planning circles, the word “probate” often was left, the system works to make sure all assets are ● If the deceased was in
comes with a starkly negative connotation. Indeed, for distributed according to state law. Here are some potential debt, probate gives only a
many people — especially those with larger estates — advantages of probating an estate: brief window for creditors
financial planners recommend trying to keep property out ● It provides a trustworthy procedure for redistributing to file a claim, which
of probate whenever possible. That being said, the probate the property of the deceased if no will was left. can result in more debt
system was ultimately established to protect the property ● It validates and enforces the intentions of the forgiveness.
of the deceased and his/her heirs, and in a few cases it deceased if a will exists. The Cons
may even work to an advantage. Let’s look briefly at the ● It ensures taxes and claimed debts are paid on the While probate is
pros and cons of going through probate. estate, so there’s a finality to the deceased person’s intended to work fairly to
The Pros affairs, rather than an uncertain, lingering feeling for the facilitate the transfer of
For some estates, especially those in which no will beneficiaries. property after someone
dies, consider bypassing the
process for these reasons:
● Probate is a matter of public record, which means
personal family and financial information become public
knowledge.
● There may be considerable costs, including court,
attorney, and executor fees, all of which get deducted
from the value of the estate.
● Probate can be time-consuming, holding up
distribution of the assets for months, and sometimes,
years.
● Probate can be complicated and stressful for your
executor and your beneficiaries.
Bottom line: While probate is a default mechanism
that ultimately works to enforce fair distribution of even
small estates, it can create undue cost and delays. For that
Gates Open: 5:00 PM // First Pitch: 6:00 PM reason, many people prefer to use strategies to keep their
property out of probate when they die.
Beer Tasting 5:00 PM - 7:00 PM A skilled estate planning attorney can develop a strategy
to help you avoid probate and make life easier for the next
generation. For more information about your options,
contact us today to schedule a consultation.
If you have questions about this or your estate plan and
what documents are necessary schedule a consultation today
by calling our office at (561) 694-7827, Anné Desormier-
Cartwright, Esq., Elder & Estate Planning Attorneys PA,
480 Maplewood Drive, Suite 3, Jupiter, FL 33458.
The content of this article is general and should not be
relied upon without review of your specific circumstances
by competent legal counsel. Reliance on the information
herein is at your own risk, as it expresses no opinion by
the firm on your specific circumstances or legal needs.
An attorney client relationship is not created through the
information provided herein.
TamPa geNeral News from page 26
regardless of their ability to pay, and in fiscal year
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