What’s Involved in the Probate Process?

SWAAY’s recent article entitled “What is the Probate Process in Florida?” says that while every state has its own laws, the probate process can be fairly similar. Here are the basic steps in the probate process:

The family consults with an experienced probate attorney. Those mentioned in the decedent’s will should meet with a probate lawyer. During the meeting, all relevant documentation like the list of debts, life insurance policies, financial statements, real estate title deeds, and the will should be available.

Filing the petition. The process would be in initiated by the executor or personal representative named in the will. He or she is in charge of distributing the estate’s assets. If there’s no will, you can ask an estate planning attorney to petition a court to appoint an executor. When the court approves the estate representative, the Letters of Administration are issued as evidence of legal authority to act as the executor. The executor will pay state taxes, funeral costs, and creditor claims on behalf of the decedent. He or she will also notice creditors and beneficiaries, coordinate the asset distribution and then close the probate estate.

Noticing beneficiaries and creditors. The executor must notify all beneficiaries of trust estates, the surviving spouse and all parties that have the rights of inheritance. Creditors of the deceased will also want to be paid and will make a claim on the estate.

Obtaining the letters of administration (letters testamentary) obtained from the probate court. After the executor obtains the letter, he or she will open the estate account at a bank. Statements and assets that were in the deceased name will be liquidated and sold, if there’s a need. Proceeds obtained from the sale of property are kept in the estate account and are later distributed.

Settling all expenses, taxes, and estate debts. By law, the decedent’s debts must typically be settled prior to any distributions to the heirs. The executor will also prepare a final income tax return for the estate. Note that life insurance policies and retirement savings are distributed to heirs despite the debts owed, as they transfer by beneficiary designation outside of the will and probate.

Conducting an inventory of the estate. The executor will have conducted a final account of the remaining estate. This accounting will include the fees paid to the executor, probate expenses, cost of assets and the charges incurred when settling debts.

Distributing the assets. After the creditor claims have been settled, the executor will ask the court to transfer all assets to successors in compliance with state law or the provisions of the will. The court will issue an order to move the assets. If there’s no will, the state probate succession laws will decide who is entitled to receive a share of the property.

Finalizing the probate estate. The last step is for the executor to formally close the estate. The includes payment to creditors and distribution of assets, preparing a final distribution document and a closing affidavit that states that the assets were adequately distributed to all heirs.

Reference: SWAAY (Aug. 24, 2020) “What is the Probate Process in Florida?”

Mistakes New Parents Make with Money

The prospect of becoming a parent is exciting, but it’s also stressful, due to the sleepless nights and the never-ending expenses associated with caring for a child. The latest research from the USDA found that the average middle-income family spends about $12,300 to $13,900 on child-related expenses annually. New parents ought to plan ahead to avoid common money mistakes.

The Street’s recent article entitled “Biggest Money Mistakes New Parents Make” says that with the current economic issues from the coronavirus pandemic, 59% of U.S. households are seeing a reduction in income since March. That’s why it’s more important for families to carefully create a budget, anticipate all potential expenses and watch their spending. To do this, new parents should avoid five common money mistakes made by new parents.

  1. Getting Big. Upgrading your home and car for a new baby seems practical. However, this adds an unnecessary financial burden during an already tough time. Little babies don’t require much space. Because there are many new expenses in caring for an infant, such as diapers and unanticipated medical bills, new parents should try to settle into their new life first and adjust to the new budget prior to making major upgrades.
  2. Lowballing Childcare Costs. Parents can pay about $565 per week for a nanny and $215 for a daycare center says Care.com. However, in addition to the working day, parents can miss planning for the additional care they may need on nights and weekends. This can add up, with the average hourly rate for a babysitter at $15. New parents ought to consider setting up a babysitting exchange with other families in the neighborhood or with relatives who have children around the same age. This can be a big saver.
  3. No life insurance or estate planning. It’s not a fun topic, but life insurance and estate plans provide financial safety nets for your family. Talk to an experienced estate planning attorney, and when looking into term life insurance, try to buy five to 10 times your annual salary in coverage.
  4. Too much spending on gadgets. New parents can go crazy shopping for new clothing and infant gear, thinking that these things will make caring for baby easier. This can be a mistake! Many of these items are only used for a short while, so it’s better to borrow or buy used. For essentials, you can’t avoid buying items like a car seat or crib, but search for deals online first.
  5. Delaying Saving for College. College is way off but the earlier you start saving, the easier it will be to meet your savings goal. The longer you delay beginning to save, the more money you’ll need to put away each month. Saving a little bit is better than nothing, even if it’s just $20 a month. You can also start a 529 College Savings Plan to help your savings grow like a retirement fund.

Reference: The Street (Sep. 9, 2020) “Biggest Money Mistakes New Parents Make”

Should I Write My Will During the Pandemic?

Writing a will allows you to instruct your executor how you want your assets to be distributed when you die. If you have minor children, your will ought to include instruction on who will raise them if you die and their other parent is deceased.

The Oakland Press’s article entitled Writing a will today is more important than ever” says that if you pass away before writing a will, the state will make these critical decisions for you. What the state decides may not reflect your wishes. This may create conflict and stress within your family and cause financial troubles for those you leave behind. It may be important to note that, in this scenario, none of your assets will go to your favorite charities.

Writing a will, as with other estate planning documents, is critical because this gives you control over how your affairs are handled when you die. This includes the way in which your assets are distributed and who will take care of your children, if they’re minors.

When you are writing your will, it’s important that it’s legally valid. There’s no guarantee that a will prepared without an estate planning lawyer will meet the criteria. If the probate judge doesn’t accept your will, it’s as if you died without one.

As a result, it’s very important that you work with a qualified estate planning attorney writing a will. If you don’t, it is possible that your will or other estate documents you purchased online might not meet the state requirements.

Therefore, you’ve wasted money, and your instructions may not be followed. This can mean uncertainty in how your estate is eventually administered, and it can make an already stressful situation even worse for your family.

An experienced estate planning attorney can make sure your will meets the state’s requirements, decreases hard feelings within your family and keeps your family from challenging its validity in court.

If you have written a will already, consider updating it, especially if a beneficiary listed on the document has died, if you’ve sold your home and bought another, given away some of your possessions, your financial circumstances or the value of your property has changed, or your charity relationships have changed.

You may want to change your estate plan when your children become adults or if others that were provided for in the estate plan are no longer living.

Writing a will is a delicate process that requires the expertise of a professional estate planning attorney.

Reference: Oakland Press (May 16, 2020) Writing a will today is more important than ever”