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Understanding Estate Planning: Wills and Probate with Nicole Cleland (Part 2)

Understanding Estate Planning: Wills and Probate with Nicole Cleland (Part 2)

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 This episode, we welcome back estate planning expert Nicole Cleland to discuss important topics such as how property passes after death, the rights of spouses and blended families, challenges minors face when inheriting, and the benefits of avoiding probate. Whether you’re single, married, or navigating a complex family dynamic, this episode offers valuable insights to help you protect your legacy and plan effectively for the future. Learn more about Nicole and Legacy Protection Lawyers Contact info: www.legacyprotectionlawyers.com Phone 727-471-5868 Helpful Information: PFG Website: https://www.pfgprivatewealth.com/ Contact: 813-286-7776 Email: info@pfgprivatewealth.com Disclaimer: PFG Private Wealth Management, LLC is an SEC Registered Investment Advisor. Information presented is for educational purposes only and does not intend to make an offer or solicitation for the sale or purchase of any specific securities, investments, or investment strategies. The topics and information discussed during this podcast are not intended to provide tax or legal advice. Investments involve risk, and unless otherwise stated, are not guaranteed. Be sure to first consult with a qualified financial advisor and/or tax professional before implementing any strategy discussed on this podcast. Past performance is not indicative of future performance. Insurance products and services are offered and sold through individually licensed and appointed insurance agents. Marc: Time once again for another edition of Retirement Planning Redefined with John and Nick from PFG Private Wealth. And once again, we're going to continue our conversation with Nicole Cleland on estate planning. So really happy to have her back on this chat with us. And if you've got questions, need some help when it comes to the legal side of things, reach out to them at legacyprotectionlawyers.com. That's legacyprotectionlawyers.com. And of course, if you've got some questions on the financial side, reach out to John and Nick at pfgprivatewealth.com, pfgprivatewealth.com. Nicole, welcome back in. Thanks for being here again. Nicole Cleland: Thanks for having me again. Marc: Lovely to talk with you. And John, my friend, thanks for being here as we continue this chat with Nicole. We covered a lot of stuff and I want to kind of circle back to a few pieces. We were talking about property, how it passes on death. Who should inherit your assets? I think that's kind of maybe a big question for people in general. Nicole Cleland: So this is what we call testamentary intent, meaning you can leave your assets to whomever you want. There is no restriction or requirement on who takes from your estate. However, most states, Florida included, has a law that says if you are married, you cannot disinherit your spouse. And sort of the philosophy behind that is if you had, back in the old days, husbands were the breadwinners, wife stayed homemaker. And if husband wanted to leave assets to someone else, his children, a mistress, something like that, the law would not allow you to disinherit that spouse. And that's sole control. So the law presumes that spouses are meant to be taken care of and you cannot leave your spouse less than a certain percent. In Florida, that percent is 30%. So although you can disinherit the rotten children, you can't disinherit the spouse. Marc: Okay. I like that. John: So I'd also say this becomes very important when you have blended families. I'll say that. Nicole Cleland: Absolutely. John: Working with clients where it's second marriage, kids. This becomes a very important topic that I think most people I'll say that haven't gone through an estate plan or just haven't made that decision yet to go through it, have no idea this even exists. And also I've even talked to some pretty savvy attorneys that I've talked to and I mention it, like, "What are you talking about?" And they look it up and they're like, "I had no idea." Nicole Cleland: Yeah, it's one of those things that a lot of people don't realize because again, circling back to that testamentary intent, you should be able to leave your assets to whomever you want, but the law's not going to say that for a spouse. And you're right on the money there, John, with the blended family situation. And I usually try to even say it's not always that later-in-life marriage couple. So if you've got a husband and wife that get married later in life, they both have children from prior relationships, we usually find that they honor that testamentary intent, meaning, all right, husband, whenever you pass, you can leave your money to your children and then I'm going to leave my money to my children. We don't need to leave anything for each other. We're getting married later in life. We've built our wealth so we don't need to support each other. But what ends up happening is if my husband passed away and I'm still alive, I might be older and a little bit ...
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