Legal Question in Real Estate Law in Florida

Dear Puzzled: CHANGE YOUR WILL! A simple Codicil to your Will should accomplish your intent. Ask an excperienced Attorney to assist and advise you, since a will is not the best solution, and here's why:

LEGALLY SPEAKING�... WILLS NOT SUFFICIENT.

By: J. Norman Stark, ATTORNEY, ARCHITECT EMERITUS (Oh) A.I.A., N.C.A.R.B.

Wills do not provide tax benefits. A Last Will and Testament is legally insufficient to protect assets; Living Trusts do so! It is a common misconception to rely upon a Will to protect and transfer estate assets, without taxes, costs, and time.

Under the Probate laws of each state, upon the death of a Testator (maker) of a Will, the Probate Court acquires legal jurisdiction to administer the disposition of estate assets. The probate laws require preparation of formal court filings of the Will within a specific time period after death, appointment of Executor, attendance at hearings, defend challenges to the Will, creditor claims, and to prepare and pay the taxes and costs, frequently in excess of 10% of the estate value. Transfers of title to real property ("real estate") to heirs or beneficiaries may be delayed for more than a year or longer.

Modern estate planning provides a valuable legal solution - the Living Trust, as an effective, efficient, and desirable alternative to a will. Living Trusts can protect estate assets, provide for efficient and trouble-free transfer of property and estate control by Successor Trustee(s), with significant protection for surviving spouses, heirs, minor children, and designated beneficiaries of the decedent. The benefits of a properly prepared trust include:

� Avoid probate upon incapacity, disability, or death.

� Avoid probate administration, required with Wills.

� Avoid probate Will contest litigation, taxation, time, and expense.

� Avoid lengthy delay in distribution of assets, and inheritances to loved ones.

� Avoid inequities from transfer-on-death accounts.

� Protect spouse, children, family and other descendents.

� Provide for issues with second and subsequent marriages; protection for children.

� Individualized planning for children.

� Plan federal and state estate tax minimization.

Comedian W.C. Fields quipped about Lawyers: "If there's a will, prosperity can't be far behind."

Your Attorney can advise and assist you in creating and funding your Revocable Living Trust.

"WHERE EXPERIENCE COUNTS, COUNT ON MY EXPERIENCE"

J. NORMAN STARK, ATTORNEY

ARCHITECT EMERITUS (Ohio) A.I.A., N.C.A.R.B.

1109 Carnegie Avenue Cleveland, Ohio 44115

(216) 531-5310 x7100 Email: [email protected]

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Seek legal

Help in each state to accomplish your result. It sounds like you want it to occur outside probate. You may need to change title with tax effect or perhaps a trust agreement.

If you want it done outside probate, you can always add them now as "joint owners with right of survivorship". Thus, the survivor is the automatic owner. However, as owners, it may be then subject to their creditors.