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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 />
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Contracts<br />
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Criminal<br />
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Family Law<br />
Guardianship<br />
Litigation<br />
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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 />
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