Do I need an estate plan if I have a small estate?
Generally, smaller estates will fare worse than larger ones if a clear estate plan is not created because the cash reserves in the estate may be liquidated needlessly for probate attorneys’ fees and/or estate taxes. Also, small is a relative term, so you may think your estate is small, but the IRS may think differently. With any size estate, it is important to have a clear plan that is simple to execute and avoids lengthy court processes.
Will a Florida revocable living trust protect my assets from creditors?
A revocable living trust in Florida offers a safeguard against tumultuous situations like probate and disability. However, it's important to note that creditors can still lay claim to assets within a revocable living trust. With careful drafting, a living trust can offer asset protection for your beneficiaries, but if creditor protection is a priority, it's advisable to explore additional asset protection avenues.
Will putting my family members' names on my assets be an effective estate plan?
Although joint titling of assets is an option, most of the time, it is a bad choice because it exposes your estate assets to the creditors of your family members. Once this is done, it is difficult to undo in the event of bankruptcy, divorce, or other legal conflicts. A revocable trust accomplishes the same goals without the needless risk to your estate.
Can’t my spouse or children just make decisions for me?
Although it may seem logical, your family members are not legally empowered to make decisions on your behalf simply because they are family. The proper legal documents, such as durable power of attorney and medical directives, must be executed to allow family members to make legal decisions for you.
Can I just give away my assets before I die?
Although gifting assets is a planning option, the timing generally does not work, so gifting at the right time becomes a viable strategy. Too often, the estate assets are required for support, and gifting away assets will result in inadequate funds to live on. If Medicaid is involved, there is a look-back period for any transfers, so a gifting strategy could backfire leaving an individual with no assets to pay for needed long-term care and no public benefits. Also, gift tax returns must be filed, and if over the limit, a federal tax can be levied on gifts.
Why should I use a real estate attorney to close my transaction rather than a title company?
When you hire a real estate attorney to conduct your residential or commercial real estate closing, you receive benefits that a title company is unable to provide. A title company, even those that are attorney-owned, is limited to providing core title services and cannot provide legal advice or representation during your transaction. Generally, the fees to close with a real estate attorney are competitive with the fees charged by a title company. However, hiring a real estate attorney ensures you have representation on your side of the closing table.
Should I consult with a real estate attorney prior to executing my contract?
Yes. Once a contract is executed, it is a legally binding obligation, and terms cannot be altered unless all parties agree. A real estate attorney can review your contract and help you to better understand your obligations and liabilities.
What is title insurance, and why should I have it?
If you’re buying a home, title insurance is a policy that protects your investment and property rights. There are two different types of title insurance: owner’s policy and lender’s policy. Title insurance protects home buyers against covered title defects, such as a previous owner’s debt, liens, and other claims of ownership. It is an insurance policy that protects against problems, whereas other insurances usually deal with future risks.
If one or more property owners are deceased, is probate required to list and sell the home?
Losing a loved one is very hard; having to dispose of their assets can be even harder. Lee & Evans has a full team of real estate and probate professionals to assist with all your questions and needs when it comes time to sell a loved one’s property. In the event probate is needed, our real estate and probate team will work together to ensure a smooth and successful closing.
I am purchasing my first home in Florida and relocating from out of state. Do I need to update my estate planning documents?
By choosing Lee & Evans to conduct the closing on our Florida home, you are entitled to a free consultation for the review of your current estate planning documents for compliance with Florida law.
Do I need an estate plan if I have a small estate?
Even small estates benefit from having a clear estate plan to avoid unnecessary probate fees and estate taxes, ensuring a smooth process.
Will a Florida revocable living trust protect my assets from creditors?
While a Florida revocable living trust helps avoid probate and disability issues, it does not fully protect assets from creditors; additional protection methods may be needed.
Is joint ownership of assets a good estate planning strategy?
Joint ownership can expose assets to the creditors of family members and cause complications; a revocable trust is generally safer and achieves similar goals.
Can my spouse or children legally make decisions for me without documents?
No, family members need proper legal documents like durable power of attorney and medical directives to make legal decisions on your behalf.
What are the benefits of using a real estate attorney for my property closing?
A real estate attorney provides legal advice and representation during your closing, unlike a title company that offers limited services, ensuring your interests are protected.
Should I consult a real estate attorney before signing a contract?
Yes, consulting an attorney before contract execution helps you understand your obligations and avoid being bound to unfavorable terms.
What is title insurance and why is it important when buying a home?
Title insurance protects buyers against title defects such as debts or liens, safeguarding their investment and property rights.
Does probate need to be done to sell a property from a deceased owner?
If probate is required, Lee & Evans can assist with both probate and real estate transactions to ensure a smooth sale process.
How can nearby financial services like Northwestern Mutual or Edward Jones assist me when working with Lee & Evans?
You can coordinate estate planning or real estate transactions with financial advisors nearby, such as Anthony Holds or Edward Jones, for comprehensive financial and legal planning.
Are there health and wellness centers near Lee & Evans that clients might find useful?
Yes, nearby wellness centers like Luma MD Skin Rejuvenation and Greenbrook Mental Wellness Centers can provide clients with medical spa and mental health services before or after legal appointments.
How can nearby home health care services support elderly clients of Lee & Evans?
Services like Kindred at Home and HCA Florida Healthcare at Home offer in-home medical and personal care, supporting elder law clients with health needs in the Sarasota area.