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www.SouthwestOrlandoBulletin.com x March 15 — April 4, 2018 x 7<br />

GIMMIE WARS - Woes of Probate<br />

by: Kristen M. Jackson / Attorney<br />

Gimmie the gun collection. No,<br />

dad and I hunted together, not you, and he<br />

wanted me to have the guns when he died.<br />

Gimmie the coin collection. No, mom and<br />

I started that coin collection together when<br />

I was a little girl and she said it would be<br />

mine when she died. Gimmie the car. No!<br />

Gimmie the house. No! Gimmie this and<br />

gimmie that. No..No..No! It turns into the Gimmie Wars and ends up in the<br />

hands of attorneys to settle in probate court.<br />

Upon their deaths, parents one and all believe that their children forever and<br />

always will maintain close and loving relationships with each other. That may be<br />

true of parents that have nothing to leave their children to fight over. On the<br />

other hand, for those with assets at the time of their death, regardless of how<br />

much or how little, the challenge of who gets what more often than not escalates<br />

into conflict among siblings or other beneficiaries. Estate conflicts most often<br />

are stimulated by unadulterated greed and piggishness among the siblings<br />

ending up in an outright war over their parents’ assets.<br />

Unfortunately, parents too often believe that should any of their assets<br />

survive them, such assets will automatically go to their children or other heirs.<br />

Not true nor guaranteed unless the parent has either prepared a last will, trust or<br />

some other form of estate planning that transfers their assets into their children’s<br />

names.<br />

The cost for estate planning is the primary excuse parents make for<br />

doing nothing to settle their estate once they have died. They just can’t justify<br />

paying an attorney in exchange for pieces of paper that state at their death<br />

someone else shall receive what took them a lifetime to acquire. What is the<br />

cost of these pieces of paper versus the cost to their children to probate<br />

their estate?<br />

To have a simple estate plan prepared for assets including a car, home,<br />

bank accounts, investments and insurance policies may cost less than a<br />

thousand to several thousand dollars depending on the experience of the<br />

attorney and the complexity of the plan. Whereas the cost of probate may<br />

be between 3% to 6% or more of the total assets to hire attorneys and<br />

pay for court costs, publication fees, administrative fees, litigation or other<br />

expenses. In other words, it could cost thousands more for a probate<br />

proceeding than the cost to implement an estate plan. Also, be aware that<br />

the probate process can take up to a year or longer before beneficiaries<br />

ever see a dime of their parents’ estate. In Florida, beneficiaries must hire<br />

an attorney to probate an estate.<br />

Eliminate the Woes of Probate and an all out Gimmie War over who<br />

will pay probate attorneys, who will get the gimmies, and resolving why mom<br />

and dad left such a chaotic state of affairs<br />

requiring attorneys and courts to resolve<br />

disputes over what should rightfully<br />

belong to the children or beneficiaries<br />

already?<br />

Call an Estate Planning and Probate<br />

Attorney if you need to probate an estate<br />

or would like to discuss estate planning<br />

and how avoid the chaotic outcome of the<br />

Gimmie Wars.<br />

Legal Areas of Practice<br />

By our Team of<br />

Attorneys<br />

Administrative<br />

Advance Directives<br />

Bankruptcy<br />

Business<br />

Buy / Sell Contracts<br />

Commercial<br />

Contracts<br />

Corporation<br />

Criminal<br />

Employment<br />

Estate Planning<br />

Family Law<br />

Guardianship<br />

Litigation<br />

Last Wills<br />

Medicaid<br />

Powers Of Attorney<br />

Pre-Nuptials<br />

Probate<br />

Real Estate<br />

Special Needs<br />

Title & Closings<br />

Trusts<br />

Trademark<br />

Estate Planning<br />

Wills, Trusts, Probate, Living Wills, Powers of Attorney, Health Care Directives,<br />

Pre-Need Guardians, Trust Administration, Pet (Animal) Trusts<br />

Probate<br />

With or without a Last Will, in order to obtain assets, pay debts and taxes<br />

and distribute remaining assets to the heirs or beneficiaries, the deceased’s<br />

estate requires the assistance of an attorney to manage the court supervised<br />

administration.<br />

Corporation & Business Law<br />

Contracts, Start-ups, Purchase or Sales, Corporations (Inc.), Limited Liability<br />

Companies (LLC’s), Trademarks, Copyrights, Franchise Agreements<br />

Real Estate<br />

Closings, Title Insurance, Sales & Purchases, Leases, Contract<br />

Review, Contract Preparation<br />

(407)363-9020<br />

www.JacksonLawPA.com<br />

Offices: Orlando<br />

Kristen Jackson<br />

Attorney At Law<br />

Credit Cards Accepted

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