Sarah Martello, Florida Tax Attorney

Sarah Martello is a Florida tax attorney practicing here in Gainesville.  She focuses on tax planning for individuals, business tax planning, tax controversy (settlements) and estate planning.

I have consulted with her on a number of issues and she has my full endorsement for all tax related matters.

Check out her website at TaxAttorneyFlorida.com!

About Gainesville Business Profiles: Periodically, I will highlight talented, creative and smart local businesses and their owners (just for the heck of it)!

Alachua County probate court is no different in this regard.  If you can choose sumary administration, it is usually the ideal choice.

Click here to read more about Summary vs Formal Administration in Florida. (WeProbateFlorida.com)

Enjoy!

Visit the site (which needs a bit of development, but trust me – is in the works):  VietnamImmigrationLawyer.com

One more time:  Wills DO NOT avoid probate in Florida (nope, not even in Gainesville, Ocala, Newberry or Jonesville!)

My practice has become more and more about probate administration and the same question keeps popping up:

Does a Will avoid probate in Florida?

Rather than hearing a resounding NO, how about this concept:  A Last Will and Testament almost guarantees probate!

This is not to say that if you die without assets that probate must be opened.  A Will is essentially a set of instructions to your executor (called a “personal representative” in Florida) and to the probate court, as to how your estate should be administered.

So how do you avoid probate in Florida?  

The short answer is a trust – a living or revocable trust to be more precise.

The more appropriate answer is:  “Don’t die with any assets in your own name.”

Harder to visualize perhaps.  How do you avoid owning anything when you pass?

• Make sure property passes in other ways automatically upon your death – i.e., declaring POD (payable on death) designations on your checking or savings accounts
• Transfer property to your living/revocable trusts
• Own property jointly with your spouse (tenancy by the entireties) or with another person (joint tenancy with right of survivorship)
• Confirm that you designate beneficiaries to your life insurance or retirement accounts – update them if necessary!

These methods allow you to pass on property outside of probate, rendering them “non-probate assets.”

So, do I still need a Will?

Yes, of course.  You never know what else you might own during or after you pass.  If, for example, you suffer fatal injuries from a car accident, your survivors can sue on behalf of your estate.

Furthermore, if you have minor children, you are going to want to name guardians to care for your children after you pass.   Yes, you can do that with a Will!  In fact, it’s the most common way to prepare for the possibility that you are not there to care for your children if you die.

Bottom Line:  Wills serve many useful purposes, but don’t let anyone tell you that a Will can avoid probate!

Madison leaves behind her twin sister, Jordyn, her parents Chris and Rebecca (Becky) Sansbury and her brothers Zachary and Jacob.

While I know they appreciate flowers and kind words, the Sansbury family could really use some financial assistance and so together with Catherine Gleason, we’ve decided to help collect donations for the Sansbury family.

If you’d like to help, please click on the Paypal Donate button below and contribute as much as you can. Remember, every little bit helps.

Note: YOU DO NOT NEED A PAYPAL ACCOUNT - just a credit or debit card.

If you don’t have a PayPal account or can’t remember your password:

1. Enter your donation amount, then click “Update Total”.
2. If you don’t see the credit card input information immediately, look for “Don’t have a PayPal account? Use your credit card or bank account” and click “Continue”
3. Fill out the rest of the form and submit your donation.

Click here for an image for better explanation.

7. Put all your estate planning documents in a safe deposit box.

Florida estate planning and Florida Probate tip #7: Obtain a safe deposit box and put your original Florida estate planning and other important documents in the box. Fire safes and file cabinets are certainly better than nothing if you let somebody know where to look. However, many Wills vanish or are lost shortly before death. If the original cannot be found and the original was last seen in your possession, Florida courts presume that you destroyed or revoked the Will. While a copy of a Florida Will can sometimes be probated in a Florida probate, it can be expensive and not always successful.

Here’s my take:

If you have reason to believe that the security of your Will is vulnerable to nosy family members and houseguests, you should certainly consider a safety deposit box.  The inevitable problem is that if you don’t give a third party authorized access to the box, then your personal representative will need to secure an order to search the contents.  Though that’s not as painful a process as it sounds, it can certainly delay matters.

In my honest opinion, home safes (fireproof or otherwise) are actually a bad idea.  If you lose the key or don’t make the combination accessible to a third party, your personal representative is in trouble (and suddenly, a safe deposit box sounds like a great idea – because in the worst case scenario, someone can physically open the box.)

Point is, there is no great solution as to where to put your Will.  Now, I’ve never looked into it myself, but I always thought that banks should provide an option for box holders to grant a third party access to the box only if he or she could produce a death certificate.  The intial purpose for access would only be to secure the original Will for deposit with the appropriate county clerk.

Yes, there’s a time and a place for bargain shopping, but I’ll never understand how a person who has worked so hard to build an estate, however modest or grand, decides that planning their legacy for their children or heirs should be reduced to a $49.99, off the shelf or online Will and Trust kit.

I’m currently probating an estate and the Codicil (an amendment to a Will) was improperly executed.  The codicil read that the original beneficiaries under the Will were to be removed and replaced by the new beneficiaries in the codicil.

As you might have guessed, the codicil was improperly executed and was held to be invalid.  The originally named beneficiaries stood to inherit the property because of the mistake.  A $75,000 mistake.

Check it for tips about probating mom or dad’s house before you refinance or sell!

There are so many charities out there, that it’s often hard to pick. We’ve decided to profile various local charities to help you make an informed decision. Of course any of these charities will accept gifts at any time, but if you’re interested in drafting a new Last Will or Trust, we can help you include these profiled charities.

Today’s first charity profile is the Harvest of Hope Foundation (HOH).

HOH was founded by Phillip Kellerman in 1997 who used an inheritance from his grandmother, Dr. Helen Zand, a long time social worker and advocate for the indigent. The Harvest of Hope Foundation raises funds for migrant farm workers.

The Foundation serves to:

• Support migrant farmworkers and their families with emergency aid;
• Issue small grants to programs that assist migrant families;
• Provide financial aid to migrant students attending college via the Paths To Scholarships Fund;
• Heighten awareness of the plight of migrant farmworkers in the country;
• Coordinate with agencies assisting migrant families and their children with education, immunizations and medical needs, and social services.

Along with private donations, HOH offers a great way to contribute and perk up at the same time!

“The Sweetwater Organic Coffee Company has provided the Harvest of Hope Foundation with retail sizes of their popular certified organically grown coffee. For every package you buy, 50% is contributed to the Harvest of Hope Foundation, which provides emergency assistance and educational scholarships to migrant farmworkers, their familes, and their children.”

Click on the link below for your order form:

If you are looking to prepare a will, trust or otherwise handle your estate planning needs, we’re here to help. If you think you might want to donate a portion of your estate to a great cause, think Harvest of Hope!