What is Probate?
Probate is the legal court process by which a deceased person’s assets are distributed. This process is overseen by a probate judge, who is responsible for appointing a “personal representative” who will be responsible for carrying out the business and distribution of the estate.
Why Do I Need a Probate Attorney?
When a person passes away their property is often passed to the family and close friends of the deceased. Unfortunately, often times disputes arise in how those assets are to be distributed. This occurs even when the decedent has a well made estate plan in place.
For instance, issues can arise between beneficiaries and the personal representative or the trustee, particularly when the beneficiary believes the responsible party acted improperly. Another potential problem arises when the mental state of the deceased at the time of drafting their estate plan is called into question. Between the creditors, payments, accounting, court filings, and all the other things that come with probating an estate, it is important you have good legal representation on your side throughout the probate process. In fact, for this reason, Florida Law requires all personal representatives involved in a Formal Probate administration to be represented by council.
No matter what type of probate case you have, The Weil Law Group, PA is ready to help guide you through the process. Our client centered goal oriented approach to practice ensures you get the best service possible, and understand what is happening every step of the way. If you, or someone you know, needs assistance with a Probate in Florida, contact us at (954) 546-7755 to schedule your FREE initial consultation.
Is There More Than One Type Of Probate?
Probate is the court supervised process of distributing a person’s assets after they have passed away. A court will supervise the distribution of your assets to your beneficiaries. If you did not choose your beneficiaries, the beneficiaries will be designated by the intestacy laws of your state. There are two main types of probate: summary administration, for estates valued at $75,000 or less, which is a form-based proceeding; and formal administration…Read More
Is Probate Necessary In Florida?
One of our biggest goals, with most of our clients, is to avoid probate completely. Most people don’t want the courts dealing with their affairs and they don’t want their estate documents to be public record. By using instruments like trusts, pay on death accounts, or enhanced life estate deeds, there are many different ways that we can avoid the probate process. The average probate costs anywhere from three to ten percent of the net assets of the estate…Read More
What Actually Happens During The Probate Process In Florida?
During the basic probate process, under formal administration, begins with the filing of a petition. Once that paperwork is filed, there may or may not be a hearing. If a hearing is held, the court will appoint a personal representative to represent the estate. The court may appoint several personal representatives to act together. Once a personal representative has been appointed, they will begin taking an inventory and determining what debts and creditors exist, and will then publish notice to any of those potential creditors, and liquidate assets to satisfy those creditors…Read More
Common Probate Disputes We Can Help With?
- Challenges to the validity of a will or trust agreement of the decedent.
- Breaches of fiduciary duty by trustees, agents, and personal representatives.
- Issues of undue influence over the decedent.
- Disputes with the estates creditors.
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