Our Practice Areas
At WEISSMAN | PAUL we primarily focus our practice on those areas that we believe we will provide the greatest benefit to our clients in a manner that is cost effective, reasonable in measure, and appropriate for the client’s individual needs and concerns.
Business and Corporate Matters.
Whether it is a question of how best to form your business, or an issue involving disputes, WEISSMAN | PAUL is here to assist. We have extensive experience representing businesses of all sizes throughout the state of Florida, from sole proprietors to some of the largest institutions in the country.
Estate Planning and Elder Law
The ability to bring peace of mind to our clients and their families with respect to protecting the assets they have worked a lifetime to obtain is exceptionally rewarding. WEISSMAN | PAUL is here to help when it comes to questions of how to avoid costly probates and guardianships. From straightforward to complex estate plans, we are here to help lay the cornerstone of your legacy.
Grow it.
It all begins with an idea. Maybe you want to launch a business. Maybe you want to turn a hobby into something more. Or maybe you have a creative project to share with the world. Whatever it is, the way you tell your story online can make all the difference.
WILL HAVING A WILL AVOID PROBATE IN FLORIDA?
A question we often receive in our office is “won’t having a will avoid the need for a probate in Florida?” In short, probably not. Having a will does not necessarily avoid probate, but it can streamline the process and make it easier for your loved ones. Probate is the legal process of distributing a person's assets after they pass away. When someone dies without a will, their assets will be distributed according to Florida Statutes. That means that the Florida legislature will tell you what is to be done with your property. Often this is not in line with a person’s wishes. Having a will allows you to dictate how your assets will be distributed, but it does not automatically avoid probate.
When a person dies, their assets become part of their estate. If the person had a will, the will must be probated to determine its validity and to ensure that the assets are distributed according to the person's wishes. Probate can be a lengthy and expensive process, and it can be even more difficult if the person did not have a will.
However, having a will can make the probate process easier and less expensive. With a valid will, the court can quickly determine who the executor of the estate is, and the executor can begin the process of distributing the assets. The will can also outline how debts and taxes will be paid and can provide instructions for any special circumstances, such as the care of minor children.
It is important to note that not all assets are subject to probate. Assets that are jointly owned with the right of survivorship, such as a house (if titled correctly) or bank account (if jointly held or with proper beneficiaries listed), will automatically pass to the surviving owner or beneficiary. Assets that have a named beneficiary, such as life insurance policies and retirement accounts, will also pass directly to the named beneficiary. These assets do not go through probate.
It is also possible to avoid probate through other means, such as creating a revocable living trust. A living trust allows you to transfer your assets into the trust, which you can then manage during your lifetime. When someone passes away, the assets in the trust can be distributed to beneficiaries without going through probate. However, creating a living trust can be more expensive and time-consuming than creating a will.
While having a will does not automatically avoid probate in Florida, it can make the process easier and less expensive. If you want to avoid probate altogether, you may want to consider other estate planning tools, such as a trust. Regardless of the approach you take, it is important to have a plan in place to ensure that your assets are distributed according to your wishes and to make the process as easy as possible for your loved ones.
Please feel free to reach out to us with any questions or to schedule a consultation. (email: jonathan@weissmanpaul.com; phone: (321) 384-0515).