♠ Posted by Marc J. Soss in estate plan,Family Trust,florida estate planning,florida probate attorney,florida probate lawyer,Last Will and Testament,post-marital agreement,pre-marital agreement,Revocable Trust,Sarasota attorney
One of the most common scenarios, when dealing with Florida probate matters in the second marriage situation, is that upon the death of the first spouse his or her children claim that the surviving spouse is taking their parent's assets and not communicating with them. Surviving spouse typically respond with claims that all of the marital and household assets passed to them, as the surviving spouse and the step-children are interfering. To avoid this problem the following steps should be followed:
Step One: Make a List How the Deceased Person’s Assets are Titled
Start with a list of each spouse's assets and how they are titled. That will determine the need for probate and the rights of the various parties.
Step Two: Remove All Non-Probate Assets From the List
Not all assets are Florida probate assets. Many assets pass automatically to a survivor based on how the asset is titled. Common examples of “non-probate”...