Author Archives: Jay Butchko
Are Online Files and Accounts Probate Assets?
To get a feeling of how much technology has changed our lives, think back to what it was like to go through your bibliophile grandfather’s library when he died. The books piled up to the ceilings in several rooms; assuming that Grandpa’s will did not specify what he wanted you to do with his… Read More »
Resolving Disputes Between Heirs Over Jointly Inherited Real Estate Property
Real estate ownership is synonymous with generational wealth. When newlyweds buy a house, they dream of passing it on to their children as an inheritance decades later. Even if you already own a house, inheriting one from your parents is practically your only chance at owning multiple real estate properties in today’s economy. Inheriting… Read More »
Avoiding Hassle During Probate Requires More Than Just Designating Beneficiaries for Non-Probate Assets
Estate planning lawyers often talk up non-probate assets, such as accounts with transfer on death (TOD) and payable on death (POD) beneficiaries, as a “set it and forget it” way to simplify your estate plan. Of course, if you have started on your estate plan, you know that nothing involving the transfer of property… Read More »
Securing a Deceased Person’s Assets Before Probate
Probate is stressful not because it differs much from the financial and administrative tasks you do on behalf of yourself and your spouse, but because you must manage a recently deceased person’s financial affairs in addition to your own. In other words, the problem is that there simply are not enough hours in a… Read More »
Strategic Divorce? What a Horrible Thought!
If you are at a social gathering of retirees and you are tired of listening to them complain about their aches and pains or about the economy, ask your companions what they think about marriage trends among the young generation, and the conversation is certain to turn lively. People will tell you, from their… Read More »
The Worst Beneficiaries for Non-Probate Assets
In general, the duties of the personal representative of the estate of a deceased person increase proportionally with the value of the estate. The estate will settle quickly if the decedent owned little property, even if the heirs do not get along with each other. By contrast, probate will take longer if the decedent… Read More »
What Happens If a Deceased Person’s Estate Has Credit Card Debt?
It is an honor when family members trust you enough to choose you to be personal representative of their estate, but no one ever said that shepherding an estate through probate was an easy task. If the decedent was wealthy, the heirs will criticize you about every decision, accusing you of being irresponsible with… Read More »
Pour Over Wills
If your only experience with wills comes from the entertainment media and from tabloid news, you might reasonably believe that your only options are to divide your estate among your family members or to show your ungrateful relatives who is boss by leaving your property to a charity that is meaningful to you but… Read More »
How Do Florida’s Laws of Intestate Succession Deal With the Stepparent Wars?
The juiciest tabloid stories about disputes over the estate of a wealthy person are the ones that involve a relatively young widow and stepchildren who are uncomfortably close in age to her. The parties may say all kinds of terrible things about each other, but most of the time, the probate court ends up… Read More »
Florida Probate for Non-Floridians
Florida is the land of introduced species. Sure, it has the largest native population of crocodilians in the United States, but for every American alligator and American crocodile, you also find an array of newcomers, from reptiles such as the green iguana and Nile monitor lizard to species that strike an entirely different type… Read More »
