What is Probate? Everything You Need to Know
Ruth C. Rhodes • October 4, 2022
None of us want to think about losing loved ones or enjoy planning for our own end-of-life processes. Unfortunately, it's something we'll all have to face at one time or another, no matter what.
Getting high-quality probate litigation in Melbourne, Florida can help ease the pain after losing a loved one. We can't reduce your grief, but we can take some of the pressure of probating an estate off your shoulders.
Want to learn about the process? Read below.
The Definition of Probate
As with anything, there are slight variations to the definition depending on what source you use. But in layman's terms, probate is the process of authenticating someone's will and appropriately dispersing their belongings.
The higher number of valuable things the deceased person has, the longer the probate process can take. The best way to avoid a long and expensive probate process is to encourage your loved ones to create an in-depth last will and testament with clear directions for property handling.
If someone passes without an in-depth will, then there are complex methods a lawyer goes through to ensure each descendant gets a fair share. Using a probate attorney will ensure you have the legal rights to whatever property you end up with.
What Does Probate Litigation in Melbourne, Florida Look Like?
There are a few steps to probating an estate. First, the will must be legally authenticated, and in some cases, proven in court.
Then, an executor is appointed from the will or determined by friends and family. This is the "go-to" person who will work with a probate attorney while administering the will.
Next, the executor must find the descendants and alert them to their rights. This is what you've seen in TV shows when they show someone reading the will to the immediate family.
If the deceased has an in-depth and up-to-date will with clear instructions, the process will a lot faster. Many descendants start their wills after being part of a long probate process, to prevent subjecting their own family to the same ordeal.
Debts
Have you ever wondered what happens to your debts when you die? They don't just go away. Some people have funds built into their will and testament to pay off remaining debts.
If not, the will beneficiaries and creditors must be paid by the executor, with funds from the estate in question.
On that same note, the executor (or their attorney) will be in charge of filing final tax returns, dealing with property taxes, and other bureaucratic processes.
Administering the Will and Distributing the Estate
Once all the above processes are taken care of, the executor and their legal team can begin to distribute items from the estate. If things are bequeathed to minors, a trust will need to be put in place for them to access in the future.
Getting Help With Probate Litigation
As you can see above, filing probate and administering a will is not a quick process. Doing it on your own will result in potentially costly mistakes and increased levels of stress in this dark time.
The best course of action is to find probate litigation in Melbourne, Florida that you can count on. We'd like to be that firm for you. Contact us here.
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If you have just a will and no trust , your estate can still be passed on according to your wishes—but there are some limitations and consequences you should understand: What Happens with Just a Will: Probate Is Required A will must go through probate , which is a court-supervised process of validating your will, paying debts, and distributing assets. Probate can: Take months or even years. Be expensive (court fees, attorney fees). Be public (anyone can view the will and estate details). 2. Court Control Over Distribution The probate court oversees how and when your assets are distributed. This means less privacy and flexibility. 3. No Ongoing Asset Management A will only takes effect after your death . It doesn’t help manage your assets if you become incapacitated. A trust, on the other hand, can provide for you during incapacity without needing a court-appointed guardian or conservator. 4. Less Control Over Complex Distributions If you want to delay inheritance (e.g., give children money at age 25 instead of 18) or provide ongoing support (e.g., for a special needs child), a trust is better suited. A will can't manage distributions over time—it just transfers ownership. 5. Tax and Asset Protection Limitations A will doesn't offer any real protection against estate taxes, creditors, or lawsuits. Certain types of trusts can. When a Will Might Be Enough: You have a very simple estate . Your total assets are below your state’s probate threshold . You have no minor children and no complex distribution needs. You’re okay with the probate process and your wishes are relatively straightforward. So, yes, even if you have a trust, you should also have a will . A trust and a will serve different but complementary purposes in estate planning. Think of the trust as the main tool for managing and distributing your assets, but the will as a safety net to ensure everything is covered. Rhodes Law, P.A. offers a comprehensive range of professional estate planning services that include wills, trusts, durable powers of attorney, designation of healthcare surrogates, living wills and more. Give our helpful estate planning professionals a call today at (321) 610-4542 to book a free consultation!
Medicaid is a federal and state-funded program that provides health insurance coverage to low-income individuals and families. It is designed to help people who might not otherwise be able to afford healthcare, including certain groups like children, pregnant women, seniors, and individuals with disabilities. Medicaid programs are managed by each state, so the specific benefits, eligibility requirements, and application process can vary depending on where you live. Key Things You Need to Know About Medicaid: Eligibility for Medicaid: Medicaid eligibility is typically based on factors such as income, household size, and specific circumstances. In general, eligibility is determined by: - Income: Medicaid is designed for low-income individuals, and eligibility is often based on the Federal Poverty Level (FPL). If your income is below a certain threshold, you may qualify. - Age and Health Status: Some groups are automatically eligible, such as: Children Pregnant women Seniors (65 or older) People with disabilities - Family and Household Size: Medicaid eligibility also considers the size of your household and your family members’ income. - Expanded Medicaid: Under the Affordable Care Act (ACA), many states expanded Medicaid to cover individuals with incomes up to 138% of the FPL. Some states have opted not to expand Medicaid. Benefits Covered by Medicaid: Medicaid provides a comprehensive range of health services. While states are required to cover certain mandatory benefits, they also have the option to cover additional optional benefits. Common services covered by Medicaid include: - Doctor visits - Hospital services - Prescription drugs - Laboratory tests and X-rays - Emergency services - Mental health services - Rehabilitative services (like physical therapy) - Dental and vision care (in some states) - Maternity and newborn care - Home and community-based services (for people with disabilities or the elderly) - Preventive care: Vaccines, screenings, and wellness visits. How Medicaid Works State-specific Programs: Medicaid is jointly funded by the federal government and states, but each state administers its own program with different rules. This means coverage and benefits can vary by state. Managed Care: In many states, Medicaid operates under a managed care system, where beneficiaries get their care through private health plans that are contracted by the state. Fee-for-Service: Some states still operate Medicaid on a fee-for-service basis, where providers are paid for each service they deliver. How to Apply for Medicaid Online or In-Person: You can apply for Medicaid online through your state’s Medicaid website, by phone, or in person at your local Medicaid office. Some states also have mobile apps to help with the application process. Application Process: During the application process, you'll need to provide information about your income, household size, and any other relevant details (like disability or pregnancy status). The state will determine your eligibility and notify you whether you qualify for Medicaid or other assistance programs like CHIP (Children’s Health Insurance Program). Special Enrollment Periods: Medicaid enrollment is open year-round, unlike other health insurance programs like those under the Affordable Care Act (ACA), which have open enrollment periods. Medicaid for Children (CHIP) Medicaid has a Children’s Health Insurance Program (CHIP) that provides coverage for children in families who earn too much to qualify for Medicaid but cannot afford private insurance. CHIP covers many of the same services as Medicaid and is available in every state. Medicaid for Pregnant Women In many states, pregnant women with low income can qualify for Medicaid, regardless of their immigration status. Medicaid helps cover prenatal care, labor, delivery, and postpartum care, including health services for the baby. Income and Asset Limits Medicaid uses both income and assets to determine eligibility. Each state may have different income and asset limits, and some states may allow a spend-down for people with income just above the threshold. This means you may be able to deduct certain medical expenses to qualify. Medicaid and Medicare If you're eligible for both Medicaid and Medicare (the federal health insurance program for those 65+ or with disabilities), you're considered dual-eligible. Medicaid can help cover costs that Medicare doesn't, such as premiums, co-pays, and certain services not covered by Medicare (like long-term care). Cost and Coverage No Premiums: Most Medicaid recipients don’t have to pay premiums for coverage, although some states may charge a small premium for certain services or individuals with higher incomes. Out-of-pocket Costs: Depending on your state, you may be required to pay small copayments for services, but they are generally low compared to other insurance plans. Additional Coverage: Medicaid often covers essential services that may not be available with private insurance, like long-term care (nursing homes or in-home care). Medicaid for Long-Term Care Medicaid is the largest payer of long-term care services in the U.S., including nursing home care and home-based services for elderly individuals or those with disabilities. However, qualifying for long-term care benefits typically requires individuals to meet certain asset and income limits. Changing Medicaid Eligibility Eligibility for Medicaid can change due to changes in income, family status, or health condition. It’s important to update your information with the Medicaid office if there are any significant changes. Some states have yearly renewal processes to ensure people still meet the eligibility criteria. Important Considerations: Not All Providers Accept Medicaid: Some healthcare providers do not accept Medicaid, so it’s important to make sure your doctors or hospitals participate in the program. State-Specific Variations: As Medicaid is run by each state, the benefits, eligibility, and application process can vary. Be sure to consult your state’s Medicaid website or office for specific details. Sounds like a lot, right? Would you like to know more about Medicaid or how to apply? Contact Rhodes Law, P.A. at (321) 610-4542 and speak with Ruth C. Rhodes. She advises clients regarding how to qualify, obtain and maintain Medicaid benefits!
Getting Started: Why Planning Ahead Matters Kicking things off, let's address the elephant in the room: nobody likes to think about what happens when they're gone. It's a tough conversation and an even tougher reality to face. But here's where we shift our perspective from gloomy to practical - planning ahead matters! Why? Well, imagine this scenario for a moment: you've worked hard your entire life building assets, creating memories with loved ones and shaping your legacy. Now ask yourself – wouldn't it be heartbreaking if all that effort ended up causing confusion or conflict among those left behind because there was no clear plan of action? This is precisely why getting started early on estate planning isn’t just smart—it’s essential! By taking proactive steps now like drafting a will or setting up trusts, you can ensure that your wishes are respected after you’re gone. 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Understanding the Basics of Estate Planning Estate Planning - it's a term that might sound daunting, or even downright intimidating. But let me assure you, once we break down the basics of estate planning together, I'm confident you'll see how manageable and essential this process truly is! So, why don't we dive right in? First: what exactly is estate planning? Simply put, it's your game plan for protecting your loved ones when you're no longer around to do so yourself. It involves making decisions about who will receive your assets after death and ensuring they are distributed according to your wishes. Now, before anyone starts panicking at the thought of all this legal jargon – relax! Estate planning doesn’t have to be complicated. In fact, with some careful thinking ahead (and perhaps a little professional guidance), setting up an effective estate plan can be straightforward. But here’s where things get real; without proper preparation now while everything seems fine on the surface you could leave those dear folks scrambling later trying to sort out messy financial matters amidst their grief which nobody wants! So, whether you’re sitting on a fortune or just looking forward to leaving behind enough for funeral expenses — every adult should consider creating an organized strategy through estate planning as part of their overall life goals. Remember though: one size does not fit all when it comes down to these plans because everyone has unique needs depending upon their circumstances like family structure, wealth level, etc., hence seeking expert advice tailored towards individual situations often proves beneficial over generic templates found online elsewhere. In conclusion, remember that taking steps today to protect future generations tomorrow isn’t only smart but also a compassionate act of love showing them how much you care long after you are gone from the world. Choosing a Trusted Executor and Guardian When it comes to safeguarding your loved ones' future, choosing a trusted executor and guardian stands out as an essential step. This decision can feel weighty; after all, these individuals will be responsible for managing your assets and caring for dependents when you're no longer around. But don't worry - we've got some tips that are sure to help. First off, let's tackle the role of an executor: this person is entrusted with settling your estate according to the instructions in your will. It sounds straightforward enough but remember they'll need patience and organizational skills given that tasks can range from paying off debts or taxes through selling property or distributing assets among beneficiaries. 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That’s where writing a will steps into play. It seems intimidating at first glance – with legal jargon flying around but trust me; it doesn’t have to feel that way. Writing a will is essentially about ensuring peace of mind for both you and those who matter most to you. You can specify how your assets should be divided up among family members or friends after your departure. This way, everyone knows what they’re getting upfront without any surprises down the line. However, drafting one isn’t as simple as scribbling down notes! There are certain rules which need following meticulously lest we end up leaving behind more mess than intended by creating invalid documents full of loopholes. So, take some time towards planning ahead regarding estate matters so future generations don't bear the brunt caused through negligence now! After all: We owe them nothing less than absolute clarity regarding their inheritance rights once. Updating and Reviewing Your Plan Regularly Let's face it, life is a rollercoaster of unexpected twists and turns. This unpredictability makes regular updates and reviews of your plan crucial to ensuring the protection of your loved ones when you are gone. The first step in this process? Embrace change as part of life! Every new job, every move across state lines or even just down the street - all these changes could potentially impact how well protected our loved ones will be after we've passed on. So, let’s make sure those plans reflect current realities rather than outdated circumstances. Next up: get into a routine with reviewing your plan regularly – maybe once a year or whenever major life events occur like births, marriages or divorces within the family tree. The point here isn't necessarily to make radical alterations each time (though sometimes that might be necessary), but rather to ensure nothing gets overlooked due to complacency. Remember though: updating doesn’t always mean upgrading; sometimes downsizing may best serve everyone involved by reducing unnecessary expenses while still providing adequate coverage for what truly matters most—your family’s security during difficult times ahead without you around anymore! Lastly, and perhaps most importantly, don’t forget about communicating these updates with those who stand affected by them directly i.e., beneficiaries, etc. so they’re fully aware where they stand now versus before any changes were made. This further reinforces their sense of security knowing exactly what to expect should a worst case scenario ever become reality someday. So, whether it's Estate and Medicaid planning, Asset Protection, Probate or Trust Administration, Guardianship, Guardian Advocacy, etc. Rhodes Law, P.A understands the importance of planning for the unexpected and inevitable. Whatever the reason, our elder law attorneys will arm you with the knowledge and resources you need to make the best legal decisions possible. Call us at 321-610-4542 and schedule your consultation today!