General Probate Information
Probate is the legal process through which a
deceased person's assets are distributed to the
heirs or beneficiaries, per the wishes of the
deceased as stated in The Last Will and Testament
or if there is no will, according to Florida Law. The
Court oversees the estate to ensure that all debts
are paid and assets are properly distributed.
Whether or not an estate is required to go through
Probate depends on the assets that the decedent
owned at the time of his or her death. Probate is
needed when a court order is required to transfer
ownership of the deceased's properties or to
distribute the assets of the estate. For instance, if a
decedent solely owned any real property at the time
of his or her death, the estate would be required to
go through Probate in order to transfer title of that
real property to the decedent's heirs or
beneficiaries. In this type of situation, the
beneficiaries or heirs would need to seek the
assistance of an attorney as our office can not give
legal or procedural advice. Probate is not needed if
all assets were jointly held and one of the joint
holders is the survivor.
deceased person's assets are distributed to the
heirs or beneficiaries, per the wishes of the
deceased as stated in The Last Will and Testament
or if there is no will, according to Florida Law. The
Court oversees the estate to ensure that all debts
are paid and assets are properly distributed.
Whether or not an estate is required to go through
Probate depends on the assets that the decedent
owned at the time of his or her death. Probate is
needed when a court order is required to transfer
ownership of the deceased's properties or to
distribute the assets of the estate. For instance, if a
decedent solely owned any real property at the time
of his or her death, the estate would be required to
go through Probate in order to transfer title of that
real property to the decedent's heirs or
beneficiaries. In this type of situation, the
beneficiaries or heirs would need to seek the
assistance of an attorney as our office can not give
legal or procedural advice. Probate is not needed if
all assets were jointly held and one of the joint
holders is the survivor.
Prenuptial Agreements
Prenuptial agreements may be the worst two words
that you can say to your potential spouse, but they
may be the best two words that you have said as
well. Prenups, as they are often called, allow
potential spouses to define their relationship with
one another rather than allowing the state to define
it for them. Essentially, a prenup is a contractual
agreement between two individuals preparing to be
married. While marriage is primarily focused on the
emotional connection between two people, saying "I
DO" has very serious legal ramifications. These
legal ramifications permeate every aspect of your
life, death, and divorce in some cases as well as the
lives of your spouse and children. With so much on
the line, a prenuptial agreement is a great way to
organize and secure your life and lifestyle.
Should you get a prenuptial agreement?....
that you can say to your potential spouse, but they
may be the best two words that you have said as
well. Prenups, as they are often called, allow
potential spouses to define their relationship with
one another rather than allowing the state to define
it for them. Essentially, a prenup is a contractual
agreement between two individuals preparing to be
married. While marriage is primarily focused on the
emotional connection between two people, saying "I
DO" has very serious legal ramifications. These
legal ramifications permeate every aspect of your
life, death, and divorce in some cases as well as the
lives of your spouse and children. With so much on
the line, a prenuptial agreement is a great way to
organize and secure your life and lifestyle.
Should you get a prenuptial agreement?....
You should consider having a prenuptial agreement
if you fall into any of the following categories:
• You have assets such as a home, stock or
retirement funds
• Own all or part of a business
• You may be receiving an inheritance
• You have children and/or grandchildren from a
previous marriage
• One of you is much wealthier than the other
• One of you will be supporting the other through
college
• You have loved ones who need to be taken care
of, such as elderly parents
• You have or are pursuing a degree or license in a
potentially lucrative profession such as medicine
• You could see a big increase in income because
your business is taking off, or that garage band you
play in has just gotten a contract with a big record
company.
if you fall into any of the following categories:
• You have assets such as a home, stock or
retirement funds
• Own all or part of a business
• You may be receiving an inheritance
• You have children and/or grandchildren from a
previous marriage
• One of you is much wealthier than the other
• One of you will be supporting the other through
college
• You have loved ones who need to be taken care
of, such as elderly parents
• You have or are pursuing a degree or license in a
potentially lucrative profession such as medicine
• You could see a big increase in income because
your business is taking off, or that garage band you
play in has just gotten a contract with a big record
company.
| Kenneth Bohannon, P.L. |
| A Central Florida Law Firm |
News and Events
| Phone: (386) 427 - 5227 |
| Consultation@CFLLawyer.com |
| www.CFLLawyer.com |
| 221 North Causeway New Smyrna Beach, FL 32169 |
| Phone: (386) 427-5227 Fax: (386) 423-3909 |
| Servicing all of Volusia, Brevard, St. Johns, Seminole and Orange Counties. |
We provide this site as a time-saving step for you in your search for legal services. The information on this site does not constitute
legal advice and has been prepared for information purposes only. Transmission and/or receipt of materials provided by our web site is
not intended to create an attorney-client relationship. Please be further advised that the act of sending e-mail to an attorney at Kenneth
Bohannon, P.L. will not create an attorney-client relationship. Please browse through our pages and leave your inquiries at our
Contact Form or by telephone at (386)427-5227.
legal advice and has been prepared for information purposes only. Transmission and/or receipt of materials provided by our web site is
not intended to create an attorney-client relationship. Please be further advised that the act of sending e-mail to an attorney at Kenneth
Bohannon, P.L. will not create an attorney-client relationship. Please browse through our pages and leave your inquiries at our
Contact Form or by telephone at (386)427-5227.
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