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    Our Firm?

    We limit the number of clients that we have at one time, allowing us to focus on your case.

    Personalized Representation
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    Benefits

    Find out if you and your family can benefit from our elder law planning services!

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  • Dedicated & Experienced

    Our firm exclusively handles elder law concerns so your family can obtain peace of mind.

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You May Need a Trust If You Own Real Estate in Multiple States

One of the factors we evaluate in helping people decide if they need a trust based estate plan or a will based estate plan is whether they own real estate in more than one state. This is an important factor because with a will based plan, when you pass away, your family will have to open a probate proceeding in each state in which you own real estate. This multiple probate scenario is not necessary if the real estate is owned in your trust.

For example, let’s say you own a home in Florida and a vacation home in North Carolina. Florida is your home state, your state of domicile. If you pass away with a will, rather than a trust, then your family will start the probate process in Florida, your home state. However, the probate courts in Florida will not be able to pass the title of your North Carolina property to your beneficiaries. Your family will have to open a second probate in North Carolina just to pass the title of that property to your beneficiaries.

This two probate scenario can be avoided if instead of a will, you had a trust and the North Carolina property was owned in your trust. In this case, once you passed away, the trustee of your trust could coordinate the passing of the title to your North Carolina property to your beneficiaries without having to involve the probate court.

You can achieve the same result of avoiding a multiple probate scenario if you choose instead of a trust to own your real estate using a title status such as joint tenants with the right of survivorship. In that case, the survivorship language makes the co-owner of the property the new sole owner of the property at your death without having to go through probate.

Whether a trust or a will or even a title status is best depends upon your individual situation, but if you own real estate in more than one state, you may want to at least consider a trust when evaluating your estate planning options.

  • Why Choose
    Our Firm?

    We limit the number of clients that we have at one time, allowing us to focus on your case.

    Personalized Representation
  • Know the
    Benefits

    Find out if you and your family can benefit from our elder law planning services!

    More Information
  • Dedicated & Experienced

    Our firm exclusively handles elder law concerns so your family can obtain peace of mind.

    Meet Your Attorney
  • Complimentary Consultation

    Let us help. Request your consultation today and we will be in touch.

    Contact Us Now

Contact Us

Edwards Elder Law, P.A.
St. Petersburg Elder Law Attorney
Located at: 2510 1st Ave. N.,
St. Petersburg, FL 33713
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Phone: (727) 755-5808
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Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.