CURRENTS October 2017 | Page 7

12 Currents October 2017 October 2017 > continued from page 12 > continued from page 11 payable on death, that asset will also need to be pro- bated upon your death. Prices subject to change FRI. The main purpose of a Will is to designate who TUES. WED. ThUR. without notice SAT. you want to get certain assets when you die. If you ShAMPOO, SET or BLOW STYLE .........$15.00 $15.00 $16.00 $18.00 hAIRCUT ................................................$14.00 $14.00 $15.00 $16.00 die without a Will in Florida, the law will still require AND TOUCh-UP SINGLE PROCESS.............$22.00 $22.00 $22.00 $22.00 UP probate of your assets and your beneficiaries will be based on your closest living blood relatives. Florida MANICURES........$11.00 Tue. & Wed. Special Law provides for an order of priority of blood rela- PEDICURES ........$17.00 Mani/Pedi Combo $25.00 tives if someone dies without a Will. If you are a FULL SET NAILS, GEL $30.00 and Up FILLS $15.00 Florida resident and own real estate in another state, POLISh ChANGE $6.00 it is likely that two probates will be required: a pri- 6884 W. Atlantic Blvd. — 954-973-6615 mary probate in Florida and a secondary probate Atlantic Plaza Shopping Center — Ad expires 10/31/2017 (known as an ancillary proceeding) in the state ESTABLISHED AT THE SAME LOCATION FOR 32 YEARS where the property is located. REFERENCE PRICE LIST NOUS PARLONS FRANCAIS With cash assets such as bank accounts, CD’s, brokerage accounts, annuities, life insurance poli- cies, etc. you can avoid probate by designating one or more beneficiaries on the account. These benefi- ciaries will be entitled to the proceeds of that account upon your death, regardless of whether you have a From Will or what you may have indicated in the Will; in other words, the designation of a beneficiary in a specific account takes precedence over anything stated in a Will. The Will will only apply to those assets where there are no designated beneficiaries (or if the beneficiaries have died before you). Therefore, one of the primary reasons that many clients choose to create a Revocable Living Trust is to avoid probate on all of their assets, particularly their home and any other real estate. I have many clients who own their primary home in Florida and a vacation home in another state. We create a Revocable Living Trust in Florida and also prepare a Quit Claim Deed to transfer the Florida property into the Trust. An attorney in the other state can then prepare a Deed transferring Palm-Aire Resident that property into the the Florida Trust. This legal work will avoid Visit our website at: www.PalmAirekB.com probate in both states and allow happy halloween Currents Builders of Fine Custom Kitchens, Bathrooms & Full Interiors 48 Years experience Currents Lic#16-CRP18810-X continued on page 13 > for quick and easy sale or distribution of the proper- ties. Some people choose to avoid probate by putting their intended beneficiary of property on a Deed, either as a joint owner or in what is commonly referred to as a “Life Estate Deed.” However, there are numerous potential risks in putting someone else’s name on the Deed, including problems which arise if that person dies before you, or you later decide to remove that person from the Deed. One of the advantages of a Revocable Living Trust is that it allows you to create an Amendment to the Trust at any time during your lifetime without hav- ing to change the Deed. Once you have the Revo- cable Living Trust created, you can also buy addi- tional property in the name of the Trust at any time, either in Florida or out of state. The Trust also provides that your Successor Trustee (the person you designate to administer the Trust after you pass away) can also take over man- aging the assets of your Trust if you become legally incapacitated. Legal incapacity is defined in the Trust document with language that requires a written statement from two medical doctors indicat- ing that you are not able to carry on your legal affairs. The lan- guage allows your Successor Trustee to take over without a Court Order, but still provides you the protection of requiring written statements from two doctors. In addition, it is much more dif- ficult to contest a Revocable Liv- ing Trust than a Will. Your Suc- cessor Trustee can sell your prop- erties and make distributions very quickly following your death, whereas the probate process required for a Will generally takes nine months to a year. This article provides a general summary of some of the differ- ences between a Last Will and Testament and a Revocable Liv- ing Trust Agreement. It is impor- We Support Our Troops continued on page 14 > 13