Probating a will

k2at · 07-23-2009, 09:43 AM

I have been told by my financial advisor in New Jersey that probating a will in Florida is a nightmare.

I am not sure what he meant by a nightmare, but if anyone out there has probated a will in Florida, can u comment on any difficulties you might have encountered.

Both my wife and I have wills which were made up in New Jersey and our estate is not very complicted. I wonder if he is trying to drum up business for himself.

zcaveman · 07-23-2009, 11:27 AM

You did not say where you live at this time. If you have moved to Florida, you might want to see an attorney in Florida to make sure that your will passes all of the probate checks here in Florida.

It is my understanding that when you move to Florida (or any other state), you should make an appointment with an attorney in that state to make sure that your will, power of attorney and your living will (if you have one) follow the wording that that state requires or you could have problems.

k2at · 07-23-2009, 11:36 AM

Tnks Zcaveman for the suggestion. I currently reside in NJ as I have not sold my house yet, but I also own a house in the Villages. Although I will be in TV for eight months of the year and NJ in the 4 summer months, I do not want to become a Floridian yet until my NJ house sells. If it takes a long time to sell and I become a Floridian now, I might suffer significant capital gain losses when I sell NJ. I realize I would have 3 years to sell NJ and not have to pay capital gains, but will it sell in 3 years with this current market? Such is my problem.

Your suggestion about seeing a lawyer is a good one and I will act on it as soon as I make Florida my primary residence.

OpusX1 · 07-23-2009, 12:51 PM

Three years ago when my Mom passed away I was the executor and had no problems with probate. Her will was made out by a Florida attorney and that firm handled probate. It wasn't a big estate but over $250,000 and included Florida property. All distributions were completed within fourteen months.
I think the lawyers up north just don't want to lose business when people move south.

drdodge · 07-23-2009, 02:13 PM

If you have a new Jersey will and probate it in Florida it will be a nightmare

texasfal · 07-23-2009, 02:49 PM

Wjen I first moved here 5 years ago I worked for The Millhorn Law Firm. All they do it WTE. When you move to Florida, get a Florida Trust and Will. It will save heartache and it will save probate fees (Florida doesn't call them taxes, but they are) which are a big percentage of the estate if the assets are not put into a trust.

clyd709 · 07-23-2009, 04:47 PM

When my late Husband and I moved to Florida we had Connecticut Wills. When he passed away I had no problem with Probate in Florida. All I had to do was take it over to Bushnell and Register it there. The people were very nice As far as I know the same rules apply to-day but things may have changed but I doubt it.

Bryan · 07-24-2009, 06:00 AM

You may or may not have to change you will, trust, etc., once you become a Florida resident but you definitely should have it checked by a legal professional (a lawyer) to make sure it is up to snuff for Florida. I would also suggest you get a lawyer who is certified to handle "Elder Affairs" in Florida. It seems like wills, trusts, etc., often belong to elders and they may have some other advice for you. A good resource is The Daily Sun. Several local lawyers offer seminars, some under the auspices of AARP, on elder affairs to include wills, estates, probate, trusts, etc. Either contact AARP for some names or watch the paper. The peace of mind you get from knowing it is right is well worth the small expense.

johnfarr · 07-24-2009, 06:24 AM

Contact William O Boyd. He specializes in Wills, etc, and is very good.

http://boydestatelaw.com

The Villages Office
Oakland Hills Professional Center, Suite 903
13940 US Highway 441
The Villages, Florida

Fax: 352.383.2517
Toll free: 888.416.2468

TrudyM · 07-24-2009, 02:58 PM

Quote:

Originally Posted by texasfal

Wjen I first moved here 5 years ago I worked for The Millhorn Law Firm. All they do it WTE. When you move to Florida, get a Florida Trust and Will. It will save heartache and it will save probate fees (Florida doesn't call them taxes, but they are) which are a big percentage of the estate if the assets are not put into a trust.

I thought I had done my do dilligance in researching this and one of the reasons we had Florida on the list was no estate taxes. What fee to the state are you refering to can you give me a link to read about it. I was under the impression that probate fees where lawyer and court recording charges.

Probating a will

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