Giles & Robinson, P.A.

Many individuals are under the impression that only the wealthy or super wealthy need an estate plan, however, this is not the case. Every individual, young or old, should at the very least have a basic estate plan consisting of a Will, Living Will, Health Care Surrogate Designation and Durable Power of Attorney.

Probate administration only applies to “Probate Assets,” which are those assets owned solely by the decedent at death which did not pass automatically by a “pay on death” designation. Probate is necessary to transfer ownership of the decedent’s assets to the beneficiary (either by Will or Florida Intestate Law) and to conclude the decedent’s financial affairs (paying creditors and filing final tax returns).

A Qualified Domestic Relations Order or “QDRO” is a court order which assigns all or part of one spouse’s (or former spouse’s) interest in a pension, 401(k) or other qualified plan to another spouse or former spouse. The transfer can be to satisfy an obligation as a transfer of martial property, alimony, or child support.