In the event that a person in Miami-Dade, or some other locality, is unable to make their own decisions, the court may appoint a guardian to take legal responsibility for them. While in some cases the person granted guardianship might be a relative or friend, often times the court appointed guardian is someone who has had no previous relationship with the person who they have been charged with caring for.
Readers in Miami-Dade, and throughout the nation, are likely aware that when someone dies, part of the estate administration process is the distribution of assets as outlined in their estate plan. Probate issues can arise if it is discovered that assets or property have been taken by someone outside the legal disbursement process.
While many readers in Miami-Dade, as well as in other localities, have likely heard of the importance of creating an estate plan, some may have the misconception that estate planning is only necessary for those who will leave behind significant assets or properties when they pass away. For those who die without wills, it not only leaves the distribution of property and assets up to the state, it also can lead to other unexpected probate issues and litigation.
Readers in Miami-Dade, as well as in other localities throughout the U.S., may or may not be aware of the estate tax liability that may be imposed on a person’s estate before it can be disbursed to his or her beneficiaries. Legally married couples, however, are covered under a marital deduction from having to pay an estate tax on property or assets that were transferred to them by their spouse upon their death.