Making it easier for your family is a gift you can give them now. There are things you can do now to make it easier and more cost effective to distribute property after you pass away. As a Florida licensed attorney practicing in Broward County for over 40 years, I can help you in making these decisions.

  Avoiding probate can be easy: Probate is a court proceeding that takes time, money and often causes aggravation. With planning, you can avoid it. There are numerous strategies to distribute or transfer your property without probate.

Any property in joint names or accounts with another person named on the account, does not go through probate but passes to the named person by operation of law without court involvement.

If you own a house or condo in your name only, there are ways to put another person on the deed and still have full authority and power over the property. These are known as Lady Bird Deeds, There are also different ways to put another person’s name on bank accounts, brokerage accounts, retirement accounts and still have authority and power over the account.

I can explain these strategies to you so you can make an informed decision as to how you want your property distributed. In my practice, I discuss these strategies in a low key, easy to understand format. It is important that you understand the best way to handle these matters. That is my goal. There are certain documents that make things much easier.

HEALTH CARE SURROGATE FORM

This is a document where you appoint someone to be able to look at your medical records, speak to your health care providers and make health care decisions on your behalf. This is very important if you are in the hospital and unable to make these decisions. There are safeguards within this document to allow you to make any decisions as long as you are able.

DURABLE POWER OF ATTORNEY

With this document, you appoint someone to handle your financial, banking, property decisions and other matters when you are unable to do these by yourself. If you are unable to pay your bills, handle your banking and financial matters, your “attorney in fact” can step in to do these things for you. The word durable means that your “attorney in fact” has this authority to act even after you become disabled or incapacitated, However, the durable power of attorney becomes ineffective upon your passing.

LIVING WILL

A living will informs your family whether you want to be kept alive artificially to prolong the natural process of dying. If you choose you don’t want to be kept alive, you authorize the administration of drugs to alleviate pain and suffering. This is a very important document because it takes the pressure off your family members to have to make this decision at a very emotional time.

LAST WILL AND TESTAMENT

This document directs where you want your property to go after you pass away. It must be signed with strict formalities to be valid. As discussed above, after you pass, a court action must be filed in the Circuit Court and the original will must be provided to the court. A personal representative is then appointed, and certain steps must be taken before the estate property can be distributed to the beneficiaries named in the will. In estates worth over $75,000.00, a notice to creditors must be published in the newspaper. In estates under $75,000.00 a summary administration is allowed, which is a simplified process.  I can explain this in greater detail.

REVOCABLE LIVING TRUST

Another way to own and distribute property after you pass away is to establish a trust. This is a document whereby you name yourself as Trustee and indicate how you want the Trust to be administered after you pass away. You name a successor Trustees(s) who carries out your wishes. You must also fund the Trust. This means that you must transfer your property into the name of the trust. As long as you are alive, you have the power and authority to make any changes you want. You can also control the property in the trust just like if it was personally owned by you. A trust also avoids probate. If you would like to discuss these matters in greater detail, just give me a call and set up an appointment.

STANLEY G. SWIDERSKI, P.A. ATTORNEY AND COUNSELOR AT LAW

1930 Tyler Street

Hollywood, Fl 33020

954-966-0700

Stanleyswiderskiesq@gmail.com