When someone dies in the state of Florida and they have assets in their own name, their estate passes through probate, which is the court process of inventorying assets, filing a will and establishing its validity, paying creditors and dividing remaining assets amongst beneficiaries.
While probate is often regarded as a complicated and time-consuming process, it doesn’t have to be. When you work with an experienced probate lawyer in Stuart, Florida, you can take comfort in the fact that your attorney will handle all the elements of the probate process on your behalf, allowing you to focus on more important things.
Whether the decedent dies with a will or not, if there are assets in the decedent’s estate, probate is required to ensure that all creditors are paid and that any remaining assets are properly passed on to the decedent’s beneficiaries.
If the decedent dies with a will, assets will be distributed pursuant the terms of this will. If the decedent dies without a will, then assets will be distributed in conformance with the terms of intestate (statutory) succession. Intestacy laws dictate who is entitled to what after the death of an individual. The money does not go to the State.
In the State of Florida, there are three types of probate: formal administration, summary administration and ancillary administration. The determination as to which type applies in your case will mostly, but not solely, depend upon the value of the assets of the estate in question. Contact the knowledgeable attorneys at Kitroser & Associates to get the answers and representation you need in your specific probate case.
The personal representative in a probate case in Florida is the administrator of the deceased person’s estate and may be named in the decedent’s will and must be appointed by the court. The personal representative has a host of responsibilities throughout the probate process and may significantly benefit by hiring a probate lawyer for assistance.
Some of these responsibilities include paying any probate fees; identifying and protecting the deceased’s assets; publishing a notice to creditors; refuting any claims that are illegitimate; paying legitimate creditors; filing tax returns and paying taxes; distributing assets to beneficiaries; and ultimately closing the probate estate. Without experience in the probate process or the time or resources to handle probate on your own, the process can feel overwhelming, and there is potential for error which could subject the personal representative to liability.
Wills, trusts and other estate planning instruments can be interpreted differently by the family members, heirs, beneficiaries and creditors involved, often leading to disputes or even litigation.
The basis for such disputes can originate from any number of sources, such as:
Probate and trust litigation, will contests and inheritance disputes are highly complex and often very contentious practice areas. It is strongly recommended you retain legal counsel with the skill, knowledge and experience your case will demand.
The attorneys at Kitroser & Associates offer decades of experience in all aspects of these types of estate-related litigation. Contact us today to discuss your case and to provide the tenacious representation you will need.
We understand that losing a loved one is a very difficult event to go through. After the death of a family member, you likely want to take the time you need to grieve your loss. If you are the designated personal representative of the decedent for the purposes of probate, you may have questions about what to do and may be overwhelmed by feelings of confusion and frustration. When you call our law firm, we will sit down with you to discuss the probate process and explain to you how we can help. We represent our clients every step of the way, and have the experience and skill set you can count on.
To schedule a consultation with our law firm today, please call us at 772-763-1400 today, or send us a message using the Contact Form on our website at your convenience.
The Stuart and Port St Lucie Probate & Estate Planning Lawyers at Kitroser & Associates serve Palm City, Hobe Sound, North River Shores, Jensen Beach, Port Salerno, Sewalls Point and all of Martin County and Florida’s Treasure Coast.
The North Palm Beach Estate Planning Lawyers of Kitroser & Associates, welcome clients from the cities of West Palm Beach, Stuart, Palm Beach Gardens, Palm Beach, Jupiter, Tequesta, Juno Beach, Singer Island, Lake Park, Hobe Sound, Royal Palm Beach, Wellington, Lake Worth, as well as all of Palm Beach County, Martin County and South Florida.
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