Overcoming Your Fear of Probate

Most people at some time give thought to estate planning for the future of their assets and loved ones. But in our modern times, your Digital Estate may not get the attention it deserves. Here, a Wills and Trusts Attorney in Tampa from Mortellaro Law discusses handling your Digital Estate Planning in Florida.What is a Digital Estate?We are surrounded by technology and so it is no surprise that most of our financial affairs are handled through digital mediums. All this electronic information stored on your computer, tablet, smartphone, smart watch, and in the cloud is considered a digital asset and as such, part of your digital estate. These assets may or may not have financial value, but they typically have some sort of value to you, and should be accounted for in your complete estate plan.Think of all the electronic assets you possess and use on a regular basis. Make a tally of them by category so it is easier to keep track of them. This is your Digital Estate.Personal Property | Discusses Handling Digital Estate PlanningList all your personal online accounts on social media, email accounts, personal shopping accounts, photo storage accounts, video sharing accounts, and other ways you interact online. Be sure to include all the usernames and passwords for each account.Property with Monetary ValueList here your accounts that actually hold money, like bank accounts, credit accounts, PayPal, Venmo, Wallet, Samsung Pass, Apple Pay, Google Pay, Cash App, loyalty rewards accounts, online betting accounts, and any other programs or apps that can hold or transfer money. This can also include any bitcoin or other cryptocurrency holdings and NFTs. Again, list the usernames and passwords for each account or app.Business-related PropertyDo you operate an online store like eBay, Etsy, Amazon, or others? These accounts are also part of your digital property. Many may hold real assets like intellectual property you have created (eBooks, drawings, photos, music, etc.) and to which you hold the rights. Include any website domains you hold, blog content with original writing, and online video channels where the content is monetized and produces a profit.It is estimated that the average consumer in the US has around 100 or more online accounts with usernames and passwords! And yet, we often underestimate the value of our digital estate.Managing My Digital Estate Planning with a WillA Will and Trusts Attorney in Tampa can explain how a legal will can help you manage your estate, including your digital estate. All your digital assets and the information required to access them should be recorded in your will. Be sure to include instructions for how you wish these assets to be handled, recorded, donated, liquidated, maintained, or otherwise distributed by your executor.Digital assets with monetary value will be of particular importance, as they will form part of your estate that will be subject to probate. If you hold significant digital assets and do not account for them in your estate planning, this can cause serious problems or setbacks during probate. They may cost your loved ones or other beneficiaries tax penalties and delays. They may also be subject to seizure or liquidation to satisfy debts.Managing My Digital Estate Planning with TrustsDigital assets that hold some monetary value may be better managed by placing them in a Florida trust. Different types of trusts exist to hold property and shield it from probate, excessive taxation, exploitation, and loss. By placing assets in a trust, you can direct how they are used and preserved, saving them for your loved ones and protecting them from risk of seizure by creditors or lawsuits.Asset protection trusts are designed to protect even digital assets from excess taxation, misuse, and more. For example, if you own an online store that contains intellectual property for sale (writing or music for download as an example), this can be an ongoing source of income. Placing this digital asset in a trust allows your beneficiary to continue enjoying the profits of this property indefinitely, or however you leave instruction within the trust documentation.Digital assets in trust can also be left to specific beneficiaries who may better appreciate the assets and enjoy benefitting from them, preserving them for the future, and more.Get Help from a Wills and Trusts Attorney in TampaIf this is the first time you have ever considered your digital estate assets, now is the time to review them and compile a comprehensive record for your estate plan. Help from a Wills and Trusts Attorney in Tampa from Mortellaro Law can be invaluable as you seek to protect your digital assets and preserve them for future generations. Contact Mortellaro Law today to schedule an estate planning consultation and review your digital assets.

Probate administration is the legal process of transferring a deceased persons assets to their heirs or beneficiaries. In Florida, there are three types of probate administration: summary administration, formal administration, and disposition without administration. Each type of administration has its own specific requirements and procedures.  Probate Attorney Michelangelo Mortellaro of Mortellaro Law reviews the three types of probate administration in Florida. He can also answer more questions about probate administration and planning ahead to avoid probate in a confidential consultation. Contact Mortellaro Law to schedule a free initial consultation today. Summary Administration | Tampa Probate AttorneySummary administration is the simplest and quickest form of probate administration. It is available when the value of the estate, excluding exempt property and homestead property, is less than $75,000 or when the decedent has been dead for more than two years. In summary administration, the court issues an order distributing the assets of the estate directly to the beneficiaries. There is no need for a personal representative to be appointed, and the process can be completed in as little as a few weeks. A summary administration is not the best option if the decedent has creditors or is likely to have creditors. However, if the creditors and amounts owed are known, the person filing for a summary administration can pay the outstanding debts before filing. You may also arrange for paying the outstanding debts within your petition for a summary administration. What if an unknown creditor files a claim for a debt after a summary administration is opened? If this happens, after verifying the debts authenticity, and if there are sufficient assets in the decedents estate to pay the debt, the petition for summary administration can be amended to arrange for paying the debt. While a summary administration is faster and simpler than a formal administration, you may still need the guidance of a Tampa probate attorney. Issues can arise like unknown creditors that can require legal advice and creating precisely worded documents. Mortellaro Law can provide the advice and guidance you need for a summary probate administration in Florida. Formal AdministrationFormal administration is the most common form of probate administration in Florida. It is required when the value of the estate, excluding exempt property and homestead property, is more than $75,000. Formal administration is also required when the estate includes real property that is not protected by a homestead exemption.In formal administration, a personal representative is appointed by the court to administer the estate. The personal representative is essentially the CEO responsible for a long list of critical tasks, including: Executing the decedents wishes as expressed in the will Locating and notifying beneficiaries of the decedents death Identifying and collecting the assets of the estateEstablishing the current value of estate assets Providing notice of probate so creditors can file claims Verifying and paying the debts and taxes of the estateDistributing the remaining assets to the beneficiariesClosing the estate Formal administration can take several months or even years to complete, depending on the complexity of the estate. A Tampa probate attorney is an essential partner during a formal probate administration. Their expertise in handling probate matters helps this complex process to flow smoothly, and their knowledge of Florida probate law and common mistakes is critical to preventing serious missteps. Disposition Without AdministrationDisposition without administration is only available in limited circumstances. It is used when the value of the estate, excluding exempt property and homestead property, is less than the amount of the funeral expenses and certain other expenses of the estate. In disposition without administration, the person who paid the funeral expenses or other expenses of the estate can file a petition with the court to be reimbursed from the estate. The court will then issue an order directing the payment of the expenses from the estate. Tampa probate attorney Michelangelo Mortellaro can explain more if the estate qualifies for this form of disposition. Get Help from a Tampa Probate AttorneyProbate administration can be a complex and time-consuming process. Understanding the three types of probate administration in Florida can help you determine which type of administration is appropriate for your situation. If you have questions or concerns about probate administration, it is always best to consult with an experienced probate attorney who can guide you through the process and help you achieve the best possible outcome for your situation.Handling probate is typically complicated by the fact that the persons involved have just lost a loved one and are grieving. Emotions and questions can cause confusion and uncertainty. Tampa Probate Attorney Michelangelo Mortellaro is an experienced and compassionate advocate who cares about his clients. Contact Mortellaro Law in today and ask for a FREE consultation to get advice about your next steps.

Domestic Asset Protection Attorneys from Mortellaro Law routinely design custom strategies to help clients stretch and protect their hard-earned wealth. Stretching helps wealth grow and minimizes liabilities while protecting reduces threats that could take wealth away. Wise estate planning and asset protection plans include both. Amassing wealth is a worthy goal that requires hard work, dedication, careful planning, and strategic decision-making. Mortellaro Laws Florida Domestic Asset Protection Attorneys help you protect your assets from creditors and predators while maximizing their growth. This is the essential function of asset protection. What is Asset Protection?Asset protection involves taking measures to safeguard your assets from lawsuits, creditor claims, and other threats. This includes protecting your personal assets, such as your home and personal property, and your business assets, such as your companys intellectual property, real estate, and other investments. Asset protection planning is essential for anyone who wants to protect their hard-earned wealth from potential risks and liabilities.Stretching Your Wealth | Domestic Asset Protection AttorneyMaximizing income tax deferral and wealth accumulation while minimizing tax liability is key to stretching your wealth. Our Florida Domestic Asset Protection Attorneys can help you achieve this goal in several ways. For example, they can help you structure your investments tax-efficiently, such as using trusts, limited liability companies, and other legal entities. They can also evaluate all options for minimizing tax liability and the erosion of savings that results from paying too much in taxes.Another important tool for stretching your wealth is retirement planning. Mortellaro Law can help you develop a comprehensive retirement plan that takes into account your specific financial situation and goals. This can include a range of strategies for reducing taxes in your golden years, including taxes on Social Security benefits, and may even be able to show you how to enjoy a tax-free retirement.Protecting Your WealthProtecting your wealth from creditors and predators is another important goal of asset protection planning. A Florida Domestic Asset Protection Attorney can help you develop a comprehensive asset protection plan that takes into account your specific risks and liabilities. This can include strategies for protecting your personal assets, such as your home and personal property, as well as your business assets, such as your companys intellectual property, real estate, and other investments.One key tool for protecting your wealth is insurance. Our domestic asset protection attorneys can help you evaluate your insurance needs and find the right policies to protect your assets and mitigate your risks. This can include liability insurance, property insurance, and other types of coverage that can help protect your assets in case of a lawsuit or other type of claim.A Word About Domestic Asset Protection Trusts A Domestic Asset Protection Trust (DAPT) protects assets from creditors and civil judgments. It is similar to any other trust, where a grantor establishes and funds the trust with assets for specific beneficiaries and appoints a trustee to manage the trust assets. The trustee must comply with the guidelines of the trust.However, in Florida, a grantors assets are not protected from seizure if he or she is also named as a beneficiary in the trust. Florida law and several court challenges have established that creditors and those seeking judgments against a grantor have full access to the beneficial interest in the income or principal from a DAPT self-settled trust where the grantor is also named as a beneficiary.However, if a Florida resident establishes a DAPT in a DAPT-friendly state, and more of the trusts assets, beneficiaries, and trustees are situated in that state, the higher the likelihood that DAPT-friendly states laws will apply to the trust. In other words, the Florida resident who established the trust as a grantor may enjoy that states protections from creditors and others.Domestic Asset Protection Attorney Michelangelo Mortellaro can provide more information and legal counsel in a private consultation at his Tampa office.Get Help from a FL Domestic Asset Protection Attorney in TampaStretching and protecting your wealth is a complex process that requires careful planning and strategic decision-making. Mortellaro Law has Tampa Domestic Asset Protection Attorneys who can help you achieve these goals by developing a comprehensive asset protection plan that takes into account your specific risks and liabilities. With the right strategies and tools in place, you can enjoy the peace of mind that comes with knowing that your hard-earned wealth is protected and secure. Contact Mortellaro Law today to learn more.