Probate - Administration and Adversity
Probate - Administration and Adversity
Whenever someone passes away who owns property in the State of Florida, whether or not they live in Florida at the time of their death and whether or not they are a citizen of the United States, Florida laws come into play to insure the steady and secure transition of ownership of that property. This legal process has been defined as “probate,” and it can range from the simplest of matters to a complicated route through Florida courtrooms involving significant expense in both time and money.
A standard probate administration involves: submitting the Last Will and Testament ; having a fiduciary (Personal Representative) appointed; collecting and organizing the decedent’s sole-named property, preparing an inventory; paying creditors, if any; paying the personal representative’s fees, attorney’s fees, and court costs; and finally, the ownership of the estate’s property is legally transferred to the beneficiaries/heirs and the estate is closed.
Probate is intended to be a streamlined process, and the Florida legislature has passed a series of statutes designed to assist in making probate administration as fast and cost-effective as possible. However, there are many times when controversies or confusion arise, and the law is prepared for these situations as well.
Probate can evolve into contentious challenges to the will (will contests), the personal representative (alleged fiduciary duty breaches), the determination of beneficiares, and many other issues.
Our law firm is experienced at representing clients in all matters of probate, including the adversities and complications that can arise, such as:
- Probate Administration
- Probate for Resident Aliens / Non-US Citizens
- Ancillary Probate Matters
- Elective Share Option
- Power of Attorney
- Will Contests
- Breach of Fiduciary Duty/ Heir & Beneficiary Rights
If you have comments or questions regarding how a probate lawyer at the Law Offices of Adrian Philip Thomas, P.A. might be of assistance in your particular circumstance, then please feel free to contact the firm’s office to schedule a free initial consultation with one of our attorneys.
At the Law Offices of Adrian Philip Thomas, P.A. we consider it an honor to be of assistance to you.
