Can A Will or Trust Still End Up in Probate?

December 13, 2024

So, What's the Deal with Probate Anyway?


So, what's the deal with probate anyway? You've probably heard this term tossed around in casual conversations. It might sound like something straight out of a law school textbook, but trust me, understanding probate isn't as daunting as you think. Let's break it down together! Probate is essentially the legal process that takes place after someone dies to ensure their will (if they had one) is valid and their assets are distributed according to their wishes. If there’s no will involved – don’t worry - probate still steps in to divvy things up fairly under state law. Now, here comes an interesting part: even if you have a solidly crafted will or trust set-up, sometimes these can end up facing the music at court through...you guessed right - Probates! Imagine having all your meticulous planning being put on trial for legitimacy; sounds stressful doesn't it? But why does this happen? A variety of reasons could land even well-prepared documents into probate such as debts exceeding assets value or conflicts among beneficiaries about how property should be divided. And let’s not forget our dear friend bureaucracy who loves putting it's nose where we’d rather prefer otherwise! Here lies our collective desire: avoiding unnecessary stress and drama when dealing with important matters like asset distribution post-death. After all, wouldn’t life (and death) be much simpler without any surprise trips to court? Well folks – time for action now! To avoid finding yourself tangled in complex webs spun by Mr.Probate himself– get professional help early on while drafting those crucial documents called Wills & Trusts. Seek advice from experts who know every nook and cranny of estate laws so that everything goes smoothly when settling affairs after passing away.


The Lowdown on Wills and Trusts: Can They Dodge Probate?


Ever found yourself in a maze of legal terms and documents when dealing with wills, trusts, and the dreaded probate? You're not alone! The world of estate planning can be as confusing as it is essential. We're here to break down these complex concepts into bite-sized pieces that are easy to digest.


Let's start by understanding what Wills and Trusts are. Simply put, they’re tools used for passing on your assets after you pass away. A Will directs who should receive your property upon death while a Trust pre-arranges how those properties will be distributed - potentially even skipping over the cumbersome process known as Probate.


Now onto the million-dollar question – Can Wills or Trusts dodge Probate? Well folks, there isn't a one-size-fits-all answer but let me tell you, setting up an appropriately structured trust often helps avoid probate entirely! While having just a Will won’t necessarily bypass this lengthy court procedure completely; however combining it with other strategies may help reduce its impact significantly!


So if you want to save time from being tangled up in red tape postmortem or simply wish peace-of-mind knowing everything’s sorted out beforehand– consider discussing all available options with an experienced estate planning attorney today! They'll guide you through every step ensuring that whatever route you chose best suits your needs and circumstances.


Oops! Common Mistakes that Might Land Your Will in Probate


You've meticulously planned your will, but guess what? Even the most well-intentioned plans can sometimes land you straight in probate court. It's a common misconception that having a will or trust is an automatic escape from the clutches of probate. But sadly, even these legal documents are not immune to errors and oversights. So let's delve into some typical blunders people make when crafting their estate plan. One such mistake is forgetting to update your beneficiaries regularly - life changes rapidly; marriages happen, babies arrive, relationships end. If your beneficiary list doesn’t mirror those changes accurately – bam! Your assets might be on a one-way ticket to Probateville! Another frequent error occurs when individuals fail to fund their trusts properly after they're set up - it’s like buying an expensive safe but leaving all valuables outside it. Without transferring ownership of assets into the trust (aka funding), they remain subject to probate. Now that we have caught your attention with these pitfalls and stirred interest about avoiding them—it’s time for desire: imagine being able to confidently say "I got this!" knowing every 'i' has been dotted and every 't' crossed in preparing for future uncertainties while protecting loved ones from potential hassles down the line? That brings us finally onto action—don't wait till tomorrow; start today by seeking professional guidance navigating through this complex process because everyone deserves peace of mind regarding their legacy planning matters.


Sneaky Situations Where Even a Trust Ends Up in Probate


You've done your due diligence. Drafted a trust, set everything in order to avoid the dreaded probate process for your loved ones. But then...BAM! The unthinkable sneaks up on you even with all that preparation, your trust ends up in Probate Court!


Here's where it gets interesting; there are some sly situations where this can happen and they're not as uncommon as one might think! Picture this – you’ve got property or assets left out of the trust by mistake (yep, it happens!). Or perhaps there’s confusion about who should be beneficiaries because names weren't updated after major life events like marriages or divorces.


Tips for Keeping Your Estate Out of the Probate Pitfall


We've all heard the horror stories - estates tied up in probate for months, even years, with loved ones left waiting and legal fees eating into inheritances. It's a scenario no one wants to face. So how can you ensure your estate stays out of this dreaded probate pitfall?


The good news is there are steps you can take now that will give you peace of mind later on. By taking control today, not only do you safeguard your assets but also save your family from unnecessary stress and expense down the line.


Imagine being able to enjoy life right now without worrying about what happens after we're gone because we know our affairs are in order? That’s precisely where Rhodes Law comes into play! They offer an effective solution against potential problems associated with probates.


Don't let procrastination or uncertainty stand between protecting what matters most – be proactive!  Call Rhodes Law at (321) 610-4542 and get the peace of mind you deserve!









You might also like

How to Start with Guardianship Planning

January 20, 2026
Guardianship planning is one of those topics many people know they should address—but often put off because it feels heavy, legal, or emotionally charged. Whether you’re thinking about your children, an aging parent, a loved one with disabilities, or even your future self, starting early is an act of care and responsibility. The good news? You don’t have to do everything at once. Here’s a clear, approachable way to begin. What Is Guardianship Planning, Really? At its core, guardianship planning is about deciding who would make decisions if someone cannot make them for themselves . This might involve: Minor children , if parents are unable to care for them Adults with disabilities or special needs Older adults who may lose capacity over time Your own future , in case of illness or incapacity A guardian may be responsible for personal decisions (healthcare, education, living arrangements), financial decisions , or both. Because guardianship often involves court oversight and limits legal rights (especially for adults), thoughtful planning is essential. Clarify the Situation Start by answering a few basic questions: Who might need a guardian? Is this planning for the future, or is there an immediate concern? What kinds of decisions would need support—personal, financial, or both? Being clear about the why helps guide every other decision. Know the Alternatives Guardianship is not always the first or best solution—especially for adults. Depending on the situation, less restrictive options may work just as well, including: Financial power of attorney Healthcare proxy or medical power of attorney Supported decision-making agreements Trusts (particularly special needs trusts) Representative payees for government benefits Exploring these options early can preserve independence while still providing protection. Choose Potential Guardians Carefully This is often the hardest—and most important—part. When considering someone, think about: Their values and judgment Emotional and financial stability Willingness and ability to take on the role Relationship with the person needing care Location and availability Always have an open conversation before naming someone. And don’t forget to name backup guardians . Put Your Wishes in Writing Good intentions aren’t enough—your wishes need to be documented. Depending on your situation, this may include: A will naming guardians for minor children Standby guardianship forms Powers of attorney and healthcare directives A letter of intent (not legally binding, but incredibly valuable) A letter of intent can explain daily routines, medical needs, education preferences, values, and personal wishes—things no legal form ever captures well. Work with the Right Professional Guardianship laws vary widely by location, so professional guidance matters. Look for: Estate planning attorneys Elder law attorneys Special needs planning attorneys (if applicable) They can help ensure your plan is legally valid, up to date, and tailored to your situation. Review and Update Regularly Life changes—and your plan should too. Revisit guardianship decisions: Every few years After major life events (births, deaths, moves, divorce) If a guardian’s circumstances change A plan that once made perfect sense may not always be the best fit. Final Thoughts Guardianship planning isn’t about predicting the worst—it’s about protecting the people you care about and giving yourself peace of mind. Starting small, asking the right questions, and documenting your wishes can make all the difference when it matters most. If you take only one step today, let it be this: start the conversation . Call Rhodes Law, P.A. today at 321-610-4542 ! The rest can follow, one thoughtful decision at a time.

Do You Need an Attorney for Estate Planning? Here’s What to Know

December 2, 2025
Estate planning is one of the most important steps you can take to protect your assets, provide for loved ones, and ensure your wishes are honored. Yet many people wonder: Do you really need an attorney to create an estate plan? The short answer is not always—but in many situations, having an experienced estate planning attorney can make a significant difference. Let’s explore both sides so you can make an informed decision. What Is Estate Planning? Estate planning involves preparing legal documents that outline how your assets, healthcare decisions, and responsibilities should be handled if you become incapacitated or pass away. This often includes: A will A trust Power of attorney Healthcare directives Guardianship designations Beneficiary planning These tools help minimize conflict, reduce taxes and fees, and ensure your wishes are carried out smoothly. Can You Do Your Own Estate Planning? Technically, yes. Many basic estate planning documents can be created without an attorney through online platforms or fill-in-the-blank forms. DIY Estate Planning May Be Sufficient If: You have a small or simple estate You have straightforward wishes You don’t own property in multiple states You don’t have significant investments or business assets You're comfortable using online legal templates For some people, a simple will or beneficiary designation may be enough—and these can be done without legal representation. However, DIY estate planning does come with risks. The Risks of Doing Estate Planning Without an Attorney Estate planning laws vary widely from state to state, and small mistakes can create big problems. Errors often aren't discovered until it’s too late—when loved ones are already dealing with grief and legal complications. Common Risks Include: Documents that are not legally valid Improper witnessing or notarization Conflicts between documents (for example, a will vs. a beneficiary form) Unintended tax consequences Leaving assets unprotected Creating confusion or disputes among heirs Failing to plan for incapacity Even a minor oversight can lead to expensive court involvement, delays, and family conflicts. When You Should Hire an Estate Planning Attorney Working with an attorney is especially important if your situation is more complex or if you want full peace of mind. An Attorney Is Strongly Recommended If: You own multiple properties or a business You are part of a blended family You have minor children or dependents with special needs You want to create a trust You expect potential family conflict You have significant assets You want to reduce estate taxes or protect assets long-term You’re unsure how to structure your plan An attorney can help you avoid mistakes, ensure your documents comply with state law, and customize your plan to your needs—something DIY documents cannot do. Benefits of Working With an Estate Planning Attorney Personalized Guidance An attorney helps you clarify your goals and creates a plan that aligns with your specific financial, family, and medical needs. Legal Expertise Estate laws change, and a lawyer ensures your plan remains compliant and effective. Comprehensive Planning Beyond a will, an attorney helps you create a full plan that covers incapacity, healthcare decisions, asset protection, and more. Reduced Stress for Loved Ones A proper legal plan helps prevent confusion, delays, and financial burdens for your family. Long-Term Support Attorneys can update your documents as life changes—marriage, divorce, children, new assets, and more. So, Do You Have to Hire an Attorney? No—you are not legally required to hire an attorney for estate planning. But should you? That depends on your goals and the complexity of your situation. For simple estates, DIY options might be enough. For anything more involved—or if you simply want the reassurance of knowing everything is done correctly—an attorney offers valuable protection and peace of mind. Final Thoughts Estate planning is more than just paperwork—it’s a gift of clarity and security for the people you care about most. Whether you choose to create your documents on your own or work with an attorney, the most important step is simply getting started. Although Florida doesn’t require an attorney for estate planning, working with one is highly recommended. An attorney can ensure your documents are legally sound, reflect your wishes clearly, and comply with Florida law. So, call Rhodes Law, P.A. at 321-610-4542 and help to safeguard your interests and minimize the potential for disputes among heirs.

Medicaid

November 16, 2025
Medicaid: Who Is Eligible? Good question. It depends — there's no single “Medicaid age” that applies to everyone. Eligibility depends on income , age , state , whether you’re a parent , disability , etc. Here’s how it generally works and how you can sign up. Who Is Eligible for Medicaid Medicaid covers: children, low-income adults, pregnant women, people with disabilities, and older adults. ( USAGov ) Under the Affordable Care Act (ACA), many states have expanded Medicaid to cover most low-income adults under age 65. ( Medicaid ) For people 65+ or those who are disabled, there are different rules (often linked to Social Security/SSI). ( Medicaid ) Non-financial eligibility also matters: you typically need to be a resident of the state you’re applying in. ( Medicaid ) At What Age Can You Sign Up Children : Medicaid (or CHIP) often covers children up through their teen years, depending on state income limits. ( Medicaid ) Adults under 65 : If your state has expanded Medicaid, adults under 65 with low income may qualify. ( Medicaid ) 65 and older : Older adults with low income can also qualify, sometimes in combination with Medicare. ( Medicare.org ) Disability : If you have a qualifying disability, you might be eligible at any adult age. ( Medicaid ) How to Sign Up for Medicaid Here are the main steps to apply: Check Your State’s Medicaid Agency Since Medicaid is run by states, the first place to check is your state Medicaid office. ( USAGov ) Apply Through the Health Insurance Marketplace You can apply via HealthCare.gov . If someone in your household might qualify, your application can be forwarded to your state’s Medicaid agency. ( HealthCare.gov ) Call the Marketplace at 1-800-318-2596 if you want help. ( HHS ) Apply Directly Through Your State Many states let you apply online, by mail, over the phone, or in person at a local Medicaid office. ( ACL ) You’ll need documents like: name, date of birth, Social Security number, proof of income, proof of citizenship or legal residency, proof of state residence. ( USAGov ) What Happens After You Apply Once you're found eligible, coverage can start either on the date of application or at the beginning of that month, depending on your state. ( Medicaid ) In many places, Medicaid can cover you retroactively (for up to 3 months before you applied) if you were eligible during that time. ( Medicaid ) Things to Watch Out For State Differences : Because rules vary by state, what qualifies in Florida (or wherever you are) might be different than in another state. Renewal : Medicaid coverage isn’t always permanent — you may have to renew periodically. ( USAGov ) Documentation : Missing paperwork can delay your application. Make sure you gather all required documents before you apply. Get Help : If the process seems confusing, you can get help from “navigators” or local health‑care assistance organizations. Medicaid is a medical assistance program that ensures access to healthcare for low-income individuals and families. It also helps seniors and people with disabilities cover the costs of skilled nursing care, as well as other medical and long-term care expenses. Ruth C. Rhodes provides guidance to clients on qualifying for, obtaining, and maintaining Medicaid benefits. She employs a variety of legal strategies and instruments designed to protect and preserve assets while maintaining Medicaid eligibility. Ruth advises clients on the most suitable long-term care and living arrangements for their specific circumstances. Additionally, she creates personalized plans for clients and their families, helping them manage personal and financial resources effectively to achieve their long-term goals as their loved ones age. For assistance, call Rhodes Law, P.A. at 321-610-4542 and let Ruth and her team create a personalized plan for you and your family!