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Fact vs. Myth: 3 Things You May Not Know About Our Legal System


1. PROBATE

MYTH: Probate should be avoided at all costs.


If all the beneficiaries agree and/or there is a will, probate does not take years. In most cases, a probate process in Florida can take less than six months. Also, when a will is drafted and properly signed, it’s a relatively smooth and quick process.


 

2. INCAPACITY PLANNING

Myth: You don’t need a living will or a power of attorney if you have told your family your wishes.


Telling your family that you do not want to be kept alive by artificial means, or directing your family to handle your legal and financial affairs, is not enough to take care of you or your assets. You must have a properly executed living will and a power of attorney. These documents should be executed before you no longer have the capacity to do so.


 

3. IMMIGRATION

Myth: It is easy to immigrate here legally. Why don’t illegal immigrants just get in line?


It’s challenging to immigrate legally to the United States. Immigration law is second only to the income tax code in legal complexity. Compared to the percentage of our population, the annual inflow of immigrants to the United States is below that of most other rich countries in the Organization for Economic Cooperation and Development.

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