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  Attorney Adrian Philip Thomas is the managing partner in a boutique law firm that focuses on representing clients with estates, wills, trusts, and probate issues in addition to resolving estate litigation, will contests, probate litigation, undue influence, guardianship and lack of mental capacity lawsuits.



• Practice Areas
  Mr. Thomas represents beneficiaries, charities or potential heirs in the following areas:
  
  • Will Contests
  • Last Will and Testament Disputes
  • Estate Administration
  • Trust Administration
  • Trust Litigation
  • Trust Reformation/Construction
  • Trust Constests
  • Probate
  • Probate Litigation
  • Undue Influence Claims
  • Lack of Mental Capacity (Testamentary Capacity)
  • Guardianships and Conservatorships
  • Removal of Personal Representative



• Ask Mr. Thomas
  Click here to ask Mr. Thomas your Probate-related question.



• Attorney Profile
  Mr. Thomas is an experienced estate planning attorney with a Master of Laws (LL.M.) in Estate Planning.



• Probate F.A.Q.'s
  1. WHAT IS PROBATE?
  2. WHAT ARE PROBATE ASSETS?
  3. WHY IS PROBATE NECESSARY?
  4. WHAT IS A WILL?
  5. WHAT HAPPENS TO PROBATE ASSETS IF THERE IS NO WILL?
  6. WHO IS INVOLVED IN THE PROBATE PROCESS?
  7. WHERE ARE PROBATE PAPERS FILED?
  8. WHO SUPERVISES THE PROBATE ADMINISTRATION?
  9. WHAT IS A PERSONAL REPRESENTATIVE, AND WHAT DOES THE PERSONAL REPRESENTATIVE DO?
  10. WHO CAN BE A PERSONAL REPRESENTATIVE?
  11. WHO HAS PREFERENCE TO BE PERSONAL REPRESENTATIVE?
  12. WHY DOES THE PERSONAL REPRESENTATIVE NEED AN ATTORNEY?
  13. HOW ARE ESTATE CREDITORS HANDLED?
  14. HOW IS THE INTERNAL REVENUE SERVICE ("IRS") INVOLVED?
  15. HOW IS THE FLORIDA DEPARTMENT OF REVENUE INVOLVED?
  16. WHAT RIGHTS DO THE SURVIVING FAMILY HAVE IN THE PROBATE ESTATE?
  17. WHAT RIGHTS DO OTHER POTENTIAL BENEFICIARIES (OTHER THAN THE SURVIVING SPOUSE AND CHILDREN UNDER CERTAIN CIRCUMSTANCES) HAVE IN THE PROBATE ESTATE?
  18. HOW LONG DOES PROBATE TAKE?
  19. HOW ARE FEES DETERMINED IN PROBATE?
  20. WHAT ALTERNATIVES ARE AVAILABLE TO FORMAL ADMINISTRATION?



• Probate Documents
  The executor needs to begin accumulating the following information to expedite Probate or any phase of a Contested Progate:



• Probate Litigation
  In Florida, probate litigation is one of the most hotly contested areas of the law where surviving family members use the judicial system to correct an array of injustices.



• Rights of Surviving Spouse

Survey of Florida Law regarding the Rights of a Surviving Spouse

1. The Law of Intestacy
1. Marriage Requirements.
2. No Surviving Lineal descendents.
3. If Lineal Descendants.
2. Statutory Shares and Elections Against A Will
1. Right to an Elective Share.
2. Liability of beneficiaries for satisfaction of the elective share.
3. Procedure
3. Surviving Spouse's Homestead Rights
1. Constitution.
2. Restraints.
3. Inheritance.
4. Family Allowance And Other Spousal Rights
1. $18,000, (maximum) payable in lump sum or in installments.
2. Not chargeable against the elective share.
3. Priority.
4. Attorneys Fees
5. Exempt Property
5. Community property
6. Effect of Marital Agreements
1. Waiver


• Estate Administration Foundations


1. Probate Assets vs. Non-Probate Assets
2. Understanding the Various Forms of Administration
3. Considerations for the Small Estate
4. Knowing the Advantages and Disadvantages of Informal Administration and Complying with the Procedures.


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