Depending on the circumstances, probate can be quick and simple, or long and drawn out. An estate with a simple, clear will that has not been contested can go through probate in a matter of weeks. But many problems can complicate probate: the lack of a will, an objection to the validity or meaning of the will, claims by creditors, or the rights of a surviving spouse.
A spouse may be excluded from his or her partner’s probate estate if the will was made before the couple married, but as long as the will was made while the couple was married, the surviving spouse may receive:
Regardless of the state in which you live, if you are named in a will as the personal representative of the estate of a Florida resident who has died, or who owns real property in Florida, you should contact an attorney immediately to begin the probate process.
What is a trust deed
As respective laws, we can mention the Income Tax Law, which in its article 1, mentions that individuals and corporations are obliged to pay income tax, among other cases, the residents in Mexico, with respect to all their income, regardless of the location of the source of wealth from which it originates.
As mentioned above, the trust is neither an individual nor a legal entity, therefore, the individuals and, if applicable, the legal entities, and not the trust, are the ones who must pay the corresponding taxes.
As regards income tax, it must be taken into account that it is a tax that is paid annually, therefore, the trustees, who are the ones who receive the benefit that the trust implies, must pay this tax by filing their annual tax return, accumulating the tax result determined by the trustee to their other income, having the possibility of crediting the provisional payments that the trustee made on their behalf. In connection with the above, the Tax Administration Service issued Ruling 11/ISR/N “Income tax return for the year. The trustee is not required to file it for activities carried out through a trust.”
Can a trust property be mortgaged?
As the name suggests, a revocable trust can be changed, amended or revoked during the grantor’s lifetime. On the other hand, an irrevocable trust cannot be changed, amended or revoked once signed by its grantor.
Upon the grantor’s death, all revocable trusts become irrevocable. A grantor can transfer various types of assets to a trust, including real estate, personal property (e.g., vehicles, jewelry), bank accounts, the stock/securities of a business, etc.
While revocable trusts offer some asset protection, creditors may pursue the property in a revocable trust when attempting to collect assets from a trust grantor in Florida.
Sometimes it is impossible to pay off the debts you have accumulated. Chapter 7 bankruptcy offers you relief from your creditors and can put a stop to harassment at work and at home for debt collection.
Filing for bankruptcy immediately will stop collection calls and most collection actions. If you are harassed by phone calls from a debt collector, it will stop once the bankruptcy petition is filed.
An assigned trustee will schedule an appointment with you and your creditors and you will be required to truthfully answer questions about your finances and your ability to discharge debts. If it is determined that you qualify for a Chapter 7 Bankruptcy, the trustee will liquidate assets. In Florida you may be able to keep your home, car or other exempt property. A Chapter 7 Bankruptcy takes about five months before your debts are ‘discharged’ or released. Creditors will no longer be able to pursue you for the discharged debts. But there are some debts that will not go away with a bankruptcy, including some taxes, pension and child support, and most student loans.