(352) 379-1900

MyAppTheme Logo2

Probate: Is Homestead Property A Probate Asset

Preparing for Probate: Is Homestead Property A Probate Asset? The answer is “yes” and “no” If a homestead property is established and meets Florida eligibility requirements, the property can be distributed to the beneficiaries of the decedent free of creditor’s claims.  If the property still has a mortgage, owes money for repairs or homeowners association liens, the homestead protection does not apply in full and those creditors can seek to reclaim that debt.   If an Enhanced Life Estate Deed or...

Read More

Probate-Prepare The Right Way

A Probate Overview Probate is often misunderstood with a reputation of being expensive, lengthy, and confusing.  At the Miller Elder Law Firm, our commitment to the community is an education to help you understand the basics of the legal process.  This allows you to make informed, sound decisions with all of the facts. Enjoy our series about probate and what you need to know. What is Probate? It is a court-supervised process for identifying and gathering the assets of a deceased person (decedent), paying the decedent’s...

Read More

Elder and Special Needs Law: How To Find The Right Attorney

May is Elder Law Month by National Academy of Elder Law Attorneys (NAELA) Legal issues that affect people as they age and people with special needs are growing in number. Our laws and regulations are becoming more complex, and each state has different laws. Elder and Special Needs Law attorneys bring to their practice a knowledge of their clients that allows them and their staff to ignore the myths relating to aging and the competence of seniors and people with disabilities. At the same time, they will take into account and...

Read More

Avoid Probate: Simple Ways To Title Your Assets

Almost all of my estate planning clients have one thing in common: they want to avoid probate, or limit it as much as possible. Probate is a court-supervised legal process for transferring the assets of a deceased person to his or her heirs.  Probate is required any time a person dies with assets in his or her name, regardless of whether or not the person has a valid will.  Because of the expense, delays and hassle of probate, many people prefer to avoid probate if possible. So how do you avoid probate? There are several ways...

Read More