Naples Probate Lawyer Explains What to Know About Probate
At Nici Law Firm, P.L., you’ll find James R. Nici, a Naples probate attorney with almost 30 years of experience, and Board-Certified by The Florida Bar as a Specialist in Wills, Trusts, and Estates. In his role as a probate lawyer, Attorney James Nici can help you prepare and file accountings and other required documents for Probate Court, answer all your questions, and offer technical assistance throughout the entire process so your Probate Administration can conclude smoothly, and successfully, and with a minimum cost to the estate in terms of time and expense.
Here Probate Attorney Nici explains what to know about Probate in Southwest Florida.
4 Things You Need to Know About Probate
What is probate?
Probate is the court-supervised disposition of assets when someone passes away. If someone has a will that's referred to as dying testate, which means with a will. That's where the court will make sure that the beneficiaries designated under the will, will receive the assets, but also creditors will be paid. If an individual dies without a will, that's referred to as dying intestate.
Do all assets go through probate?
All assets do not go through probate. Those assets that are owned in a decedent's name at the time of their death, will pass through probate. However, assets such as life insurance, annuities, and retirement plans where there's a beneficiary designation will pass according to the terms of that beneficiary designation. Additionally, assets that are owned jointly with rights of survivorship or assets titled in the name of a Revocable Trust will also avoid probate.
Should all assets be titled jointly with my child to avoid probate?
Generally speaking, I do not recommend that my clients own their assets jointly with their children. The main reason for this is those assets that are owned jointly with the child, are exposed to that child's creditors. I would hate for my clients to lose their assets because their child was embroiled in a lawsuit.
What happens if I die without a will?
An individual who dies without a will is said to have died intestate. In such a case, there are Florida statutes that specifically provide who will inherit that individual's assets.
Naples Probate Attorney James Nici
For more information, call the Nici Law Firm at 239-449-6150. For knowledgeable, professional assistance in all aspects of Estate Planning and Probate in Florida, contact us online and set up a complimentary consultation with Naples probate attorney James Nici, serving clients throughout Florida from Marco Island to Bonita Springs, Estero to Naples and other Florida communities.