Probate is a slow-moving court process which can be minimized through the efforts of our highly skilled and experienced attorney

There are several good reasons to avoid probate. The process is lengthy and time-consuming. It’s expensive and complicated, and court approval may be required for various actions. You also sacrifice a great deal of your privacy since probate administration proceedings are a matter of public record. For most, it is an unnecessary hassle they would rather avoid.

Fortunately, at the Law Offices of Gregory W. Kabel, P.A., our Fort Lauderdale estate planning and probate lawyer is eminently qualified to review your Florida estate and determine how best to avoid probate for your unique circumstances.

Common Florida Probate Avoidance Strategies

There are many proven strategies for avoiding probate. Your goal is to have as much of your property and income as possible pass automatically to someone else. To be successful, you must create a comprehensive estate plan that encompasses all your assets. The following are common areas where we help you structure your estate plan to avoid probate:

• Titling – The majority of investment and financial accounts can pass automatically upon death if they are titled appropriately. This includes joint ownership with rights of survivorship and tenancy by the entirety. Even vehicles and real estate may be transferred via these methods.
• Beneficiary designations – Another way to transfer your financial and retirement accounts automatically is through named beneficiary designation, such as transfer-on-death or payable-on-death designations.
• Real estate deeds – In Florida, you may pass on real estate outside of probate by way of a special kind of enhanced life estate called a Florida lady bird deed.
• Living trust – This is arguably the most popular tool for avoiding probate. Bear in mind that though the assets within the trust will not need to be probated, they will still have to pass through trust administration. However, this is often a much less complicated process that usually doesn’t require court oversight.

Are There Drawbacks to Avoiding Probate in Florida?

With so many methods and strategies for avoiding it, you’re probably wondering why anyone would deliberately allow their estate to pass through probate.

Frankly, avoiding probate isn’t always the best objective for an estate. In some situations, more important goals supersede probate avoidance, driving your estate plan in a different direction. Some of these limitations include the following:

• Asset protection considerations
• Tax considerations
• Ability to pass your estate on to children from prior marriages
• Accidentally leaving some assets outside of your trust

Ultimately, your unique situation should be the determining factor on whether probate avoidance is the best option for your estate. Our probate lawyer is well-versed in navigating the probate process and keeps your best interests at the forefront.

Contact our respected Fort Lauderdale Estate Planning Attorney today for a consultation

Our attorney assists with all facets of estate planning and probate in Fort Lauderdale, Plantation, Pompano Beach, Oakland Park, Wilton Manors, Tamarac, Hollywood and throughout Broward County and Palm Beach County.

Contact the Law Offices of Gregory W. Kabel, P.A. at 954-761-7770 or online to obtain skilled legal counsel and learn about your options for efficiently and effectively passing down your assets to your heirs and beneficiaries.