Have you been involved in Florida probate litigation before and want to make sure your Florida probate is as smooth as possible? You may want to talk to a Florida trust lawyer about something called apour over trust or pour over will. How can Estate lawyers in Florida use these to avoidprobate lawsuits? I am glad you asked.
What is a Pour Over Will / Trust
- It would be good to start by identifying what a pour over trust actually is.
- Probate litigation attorneys know that one big time when a probate lawsuit can rear its ugly head is when there is a complex probate administration.
- That is where the will goes through formal probate administration.
- For one thing in Florida you have to retain a licensed Florida probate lawyer if you want to do formal probate.
- Often times with a lawyer already on retainer lawsuits can flare up over simple family disputes.
- These can be expensive to say the least, they can also tear apart your family.
- That is why Florida estate lawyers are making more and more pour over wills and trusts in West Palm Beach.
- How does it work?
- Basically you start a trust but do not fund it with anything.
- Then upon your death your will basically says leave everything to the trust and administer the trust pursuant to its terms.
- Probate attorneys Florida can help you decide on the specific terms of the trust as well.
How Does This Avoid Probate Lawsuits?
- So why do Florida estate attorneys like the pour over will set up?
- This set up could avoid probate lawsuits.
- Trusts are extremely private and do not require the probate courts supervision absent a lawsuit.
- Probate on the other hand always requires the court’s supervision and most of the time requires probate attorneys.
- This increases the chances that someone decides to also file a probate lawsuit to increase their inheritance.
- The pour over will can avoid a lot of that temptation and make everyone’s lives a lot easier.
- What else can an experienced Palm Beach probate attorney do for your estate plan?
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