Legal Question in Wills and Trusts in Florida
By doing a Durable Power of Attorney, and Living Will, will that bypass Probate Court when Estate is under $100,000 dollars?
Asked on 8/29/10, 5:20 pm
1 Answer from Attorneys
No. Both are living documents that end upon death. A Probate Proceeding is to determine ownership upon death when the asset does not know who its new owner is.
A Will does not also avoid probate. A Trust can, POD/TOD and ITF or joint accounts can.
An estate under $75000 can go through a small proceeding called Summary Administration which is quicker and cheaper to do.
Answered on 9/03/10, 5:43 pm
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