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Category Archives: Probate

Probate11

Can You Probate Without An Actual Body?

By Gilbert Garcia Group, P.A. |

It is admittedly, a tough thing to think about and to happen, but it occurs often. Oftentimes, people die, we don’t know exactly when their passing occurred, and we may not have a body. In fact, in some situations, although we have a very strong hunch, there may not be hard, tangible proof that… Read More »

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Probate3

Deceased Beneficiaries And Simultaneous Deaths In Probate Cases

By Gilbert Garcia Group, P.A. |

You’ve got the perfect estate plan. Everything has been left to the people you want to leave your property to, and all documents have been drafted and filed. And then it happens—shortly after you pass, one of your beneficiaries passes away—before the court probate period can be completed. What happens then? Survivorship Clauses Because… Read More »

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Probate5

What Happens To A Timeshare In Probate?

By Gilbert Garcia Group, P.A. |

Usually, in probate court, if there is any fighting, dispute, or contest, it is over who gets what—that is, multiple people fighting over who gets limited inheritances. But every now and then, beneficiaries are left something through a will or estate plan that they don’t want. Sometimes, that can be a timeshare. Problems With… Read More »

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Probate4

Why Do We Even Need Probate, And What Does The Probate Court Do?

By Gilbert Garcia Group, P.A. |

You probably know that if you die with a will, your property will be distributed in accordance with the wishes stated in the will. Additionally, if you die without a will, Florida law has intestacy statutes, which will distribute your property by law—in other words, the law will say which of your relatives or… Read More »

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Probate10

How Long Does The Probate Process Take?

By Gilbert Garcia Group, P.A. |

When you go through the probate process, one of your main concerns may be, understandably, to get the process done as quickly as possible. To some extent you can do that, but like other legal processes, the time frames may be out of your hands. Additionally, like any other legal case, every case is… Read More »

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Litigation

Passing Without A Will Can Lead To Probate Problems

By Gilbert Garcia Group, P.A. |

You may know that avoiding probate is often a good idea and that there are many ways to do it through estate planning. But what happens if you have no estate plan—that is, no will, no trusts or other documents that say who gets your things and assets? Florida’s Intestate Laws This is known… Read More »

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Probate5

Understanding The Kinds Of Probate Cases In Florida

By Gilbert Garcia Group, P.A. |

Many people talk about probate, or probating a will or an estate, but they are not aware that there are actually different kinds of probate. Which is best for you depends on your situation—and you may not have a choice which kind of probate you need—but it may be helpful to understand the differences… Read More »

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Probate8

The Effects And Differences Of Wills And Trusts In The Probate Process

By Gilbert Garcia Group, P.A. |

When you are creating an estate plan with the goal of avoiding probate and drafting estate documents, you may hear about challenges to wills and trusts. But what is the difference between a will and a trust? They have very different uses, and strengths and weaknesses, and which one you use, can make a… Read More »

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