Estate Plan for Faraway Real Estate

Saturday, August 1st, 2009

Do you have a condo in a ski country?  Maybe you have a house at any shore or a Florida time share?  So how much real estate do you have in several states?

No matter where your real estate is, your properties will be involved in your estate settlement unless you make some arrangements to your estate plan and avoid this complication.  Real estate law is a state law.  This means that only the courts in a particular state can have the authority in resolving issues about ownership and title of real estate property in that state.

So if you’re a Pennsylvania resident and you own a Florida condo, your estate settlement will require Pennsylvania domiciliary probate and a Florida ancillary probate when you pass away.  Take note that ancillary probate is always required in each state wherever you own real property.

The simplest way to eliminate the probate proceedings requirement is to title the real estate in joint names of your intended beneficiaries (probably with your spouse and children).  This is a simple device which means that in the event of your death, the real property will automatically pass to the joint owners without any probate proceeding requirement.

Tags: beneficiaries, courts, Estate Planning, Florida, owners, Pennsylvania, probate proceedings, real estate
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60% of Canadians Don’t Have Wills

Saturday, June 27th, 2009

The chance of catching a fire in your house is only one-in-230; but people are lining up to get property insurance, just to be sure.  Meanwhile, the odds of death are one-in-one; despite this, over 60% of Canadians do not have a will or even a comprehensive estate plan.  This is according to Society of Trust & Estate Practitioners.

Maybe it’s an issue of facing mortality or not wanting to place a burden to the family.  Most of the time, people don’t see any immediate benefit of planning for the estate, or sometimes, they just don’t know where to start.

Everyone should make a will, regardless of your wealth.  An estate is everything you own - this includes property, investments, and real estate.  At the same time, it also includes all the debts you owe.

The objective of most people is to make sure that their family is financially secure when they die (though in some cases, beneficiaries may also include charities or non-family members).  So an effective “will” does not only make sure that it states clearly who should get what, but rather, distributes the assets tax-effectively and efficiently.  It’s also critical that your assets are managed before you are incapacitated or ill.

The first step would be to pull together a team of experts to guide you.  It’s recommended that you include a financial adviser, tax professional, and a lawyer, who can be your overall coordinator.

Tags: debts, estate, estate plan, experts, financial adviser, investment, lawyer, property, real estate, tax professional, wealth, will
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