How to Avoid Probate

A POW friend of mine who lived in Florida passed to Glory and his wife is now going through Probate. Probate can take up to 3 years and cost 10% of more of the estate. So it is common sense to avoid Probate if at all possible. How can one do this?

First of all have a will drawn up. Husband and Wife can draw up their own will if you prefer. We do not know who will pass first.

I suggest you get “An Agreement to Establish Right of Survivorship to Community Property between Spouses.” Each state could be different so it is best to check with your lawyer about this where you reside. This agreement is good when both spouses intend to leave everything to each other. This is a simple agreement between them. This agreement would cover your home and other real property, all furnishings and household goods in the home, all automobiles and other vehicles, all bank accounts, stocks, bonds, IRAs, Certificates of Deposits, and all property jointly owned and all other property acquired during marriage, except property acquired by gift or inheritance, clearly identified as separate property and kept separate and apart from the community property of the Husband and Wife. This means that all community property of Husband and Wife shall pass to the surviving spouse upon the death of the first to die, without the necessity of Probate Court proceedings or other legal actions other than the recording of this Agreement in the records of the County Clerk where you reside at time of death.

If you have a Military ID Card through disability or Retirement you can use the services of the Judge Advocate Generals (JAG) office on any Military Base that has one. They can do a will for you and one for your wife and also this Agreement as well as a living trust etc.

Don’t leave your spouse in a bind.

Respectfully submitted by Shorty Estabrook