New Offices and Technology for BaskinFleece.

BaskinFleece estate planning in Clearwater and St. Petersburg FloridaIn late October, BaskinFleece relocated to a new office at 13535 Feather Sound Drive, Suite 200, in Clearwater.

On your next visit to BaskinFleece, you can expect to see a more open and spacious office suite, with more conference rooms and updated technology.

For an online tour of our new offices, click the photo to watch the behind-the-scenes video.

To make an appointment with a BaskinFleece attorney, call 727.572.4545.

 

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Part 3 – Clearwater Florida: What Happens if there is No Will?

Will and Living Will: Part 3 in a 3 part series from the Clearwater, Florida Law Firm of BaskinFleece.

If the decedent died intestate, the decedent’s probate assets will be distributed to the decedent’s heirs in the following order of priority:

(For priorities 1-4 see previous two blogs)

Probate in Clearwater florida5. If the decedent was not married at his or her death and had no living descendants, the decedent’s probate estate will pass to the decedent’s surviving parents, if they are living, otherwise to the decedent’s brothers and sisters.

6. Florida’s intestate laws will pass the decedent’s probate estate to other, more remote heirs if the decedent is not survived by any of the close relatives described above.

The distribution of the decedent’s probate estate under Florida’s intestate laws, as discussed above, is subject to certain exceptions for homestead property, exempt personal property, and a statutory allowance to the surviving spouse and any descendantsor ascendants whom the decedent supported. Assets subject to these exceptions will pass in a manner different from that described in the intestate laws. For example, if the decedent’s homestead property was titled in the decedent’s name alone, and if the decedent was survived by a spouse and descendants, the surviving spouse will have the use of the homestead property for his or her lifetime only (or a life estate), with the decedent’s descendants to receive the decedents’ homestead property only after the surviving spouse dies. The surviving spouse also, however, has the right to make a special election within 6 months of the decedent’s death to receive an undivided one-half interest in the homestead property in leui of the life estate provided certain procedures are timely followed. The spouse’s right to homestead property does not take into consideration whether the surviving spouse has one or more living descendants who are not also a descendant of the decedent.

For help or answers to estate related questions, you can contact BaskinFleece at 727.572.4545. Also, click here to watch this brief but important video on the proper signing of a will.

Some of the content of this information is courtesy of The Florida Bar and represents general legal advice. Because the law is continually changing, some provisions in this blog may be out of date. It is always best to consult an attorney about your legal rights and responsibilities in your particular case.
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Part 2 – Clearwater Florida: What happens if there is no will?

Will and Living Will: Part 2 in a 3 part series from the Clearwater, Florida Law Firm of BaskinFleece.

If the decedent died intestate, the decedent’s probate assets will be distributed to the decedent’s heirs in the following order of priority:

1. If the decedent was survived by his or her spouse but left no living descendants, the surviving spouse receives all of the decedent’s probate estate. A “descendant” is a person in any generational level down the descending line from the decedent and includes children, grandchildren, and more remote descendants.

2. If the decedent was survived by his or her spouse and left one or more living descendants (all of whom are the descendants of both the decedent and his or her spouse), and the surviving spouse has no additional living descendants (who are not a descendant of the decedent), the surviving spouse receives all of the decedent’s probate estate.

3. If the decedent was survived by his or her spouse and left one or more living descendants (all of whom are the descendants of both the decedent and his or her spouse), but the surviving spouse has additional living descendants (at least one of whom is not also a descendant of the decedent), the surviving spouse receives one-half of the probate estate, and the decedent’s descendants share the remaining half.

4. If the decedent was not married at his or her death but was survived by one or more descendants, those descendants will receive all of the decedent’s probate estate. If there is more than one descendant, the decedent’s probate estate will be divided among them in the manner prescribed by Florida law. The division will occur at the generational level of the decedent’s children. So, for example, if one of the decedent’s children did not survive the decedent, and if the deceased child was survived by his or her own descendants, the share of the decedent’s estate which would have been distributed to the deceased child will instead be distributed among the descendants of the decedent’s deceased child.

Priorities 5 and 6 will be discussed in part 3.

For help or answers to estate related questions, you can contact BaskinFleece at 727.572.4545.

Some of the content of this information is courtesy of The Florida Bar and represents general legal advice. Because the law is continually changing, some provisions in this blog may be out of date. It is always best to consult an attorney about your legal rights and responsibilities in your particular case.
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Clearwater Florida: What happens if there is no will?

Will and Living Will: Part 1 in a 3 part series from the Clearwater, Florida Law Firm of BaskinFleece.

If someone dies in Florida without a valid will, he or she is “intestate.”                                     (A person not having made a will).

Even if the decedent dies intestate, his or her probate assets are almost never turned over to the State of Florida. The state will take the decedent’s assets only if the decedent had no heirs. The decedent’s “heirs” are the persons who are related to the

Will: The rights of a decedent's family.

Will: The rights of a decedent’s family. What if there is no will Clearwater Florida?

decedent and described in the Florida statute governing distribution of the decedent’s probate assets if he or she died intestate.

If the decedent died intestate, the decedent’s probate assets will be distributed to the decedent’s heirs in the following order of priority:

1. If the decedent was survived by his or her spouse but left no living descendants, the surviving spouse receives all of the decedent’s probate estate. A “descendant” is a person in any generational level down the descending line from the decedent and includes children, grandchildren, and more remote descendants.

Priorities 2-5 will be discussed in the next 2 blog topics.

For help or answers to will and estate planning related questions, you can contact BaskinFleece at 727.572.4545.

The information above is courtesy of The Florida Bar and represents general legal advice. Because the law is continually changing, some provisions in this blog may be out of date. It is always best to consult an attorney about your legal rights and responsibilities in your particular case.

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No valid will in the state of Florida?

BaskinFleece lawyer Jay Fleece

Attorney Jay Fleece

In the state of Florida, if someone dies without a valid will, his or her probate assets are almost never turned over to the State. Florida will take the decedent’s assets only if the decedent had no heirs. The decedent’s “heirs” are the persons who are related to the decedent and described in the Florida statute governing distribution of the decedent’s probate assets if he or she died without a will. Estate Planning and Private Wealth transfer may sometimes involve complex tax planning, requiring the assistance of

estate planning and your will

A 3 Minute Probate vs. Trusts Video

skilled and knowledgeable legal counsel. Estate Planning for most individuals, however, involves making decisions about who is to receive their property after death.The typical “will conference” includes a discussion of Florida’s new power of attorney laws, which are now very comprehensive and complex, as well as the advance directives for living wills, selection of a pre need guardian, and very importantly, a healthcare surrogate.

For help or answers to will and estate planning related questions, you can contact BaskinFleece at 727.572.4545.

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