Florida Probate Lawyer
Contact information: Peterson & Peterson, P.A. 2317 North Wickham Road Melbourne, Florida 32935 PH: 1-800-Probate ext 5 Local PH (321)259-1601 Fax: 321-259-6225 Web: 1800probate.com
At the Law Office of Peterson and Peterson P.A. we handle probate matters from Key West to Miami to Pensacola and everywhere in between. If you had a loved one who has passed away while living in Florida or whom owned property in Florida, we can help. We concentrate our practice on Florida probate matters.
A particular focus for us at PETERSON & PETERSON, are estates involving survivors who do not live in Florida. We have the time tested systems to meet the needs of our out-of-state clients without requiring them to travel to Florida. Through the use of the 1800 Probate Online website, the toll free 1-800-PROBATE telephone number, and overnight delivery services, we make the process as quick and painless as possible.
Our Firm will treat you and your loved ones with the utmost respect and will guide you through this difficult time. Our Florida Probate attorneys have been practicing probate law in Florida since 1978 and have been assisting Florida residents and their families with their statewide probate needs since that time. Put our extensive probate experience to work for you, you deserve a Florida Probate Lawyer that will work for you.
Feel free to review our Florida Probate Articles and Florida Frequently Asked Questions listed below.
Click here to download a list of Frequently Asked Florida Probate Questions.
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If you are currently in a situation where you’ll be dealing with the Florida state court system in relation to a probate or estate related matter, or if you think that you will be in this kind of situation in the near future, it is important that you hire an attorney that knows the ins and outs of Florida probate law.
Probate law has to do with the handling of an estate when someone, such as a family member or other loved one, passes away. These are the laws that make sure that the creditors are paid properly and that assets are distributed to the “heirs,” or the descendant. When you find yourself in a situation where you’ll be dealing with probate law, it’s a good idea to already have in mind what you are going to need to do.
What exactly is Probate? Probate is a legal process that begins with a “petition” (a request) to open the estate and name a personal representative who is responsible for the administration of the deceased’s property. The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have 90 days to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.
While on one hand, this may sound simple, probate law and the handling of estates is in fact a complex system, which presents you with multiple requirements and tasks to be preformed by the personal representative, an experienced attorney and a tax consultant. For example, an estate including only a single house and single bank account that has been left to a single beneficiary will probably be a far easier and quicker process to deal with than an estate containing multiple houses that are located in various states, and that are left to multiple beneficiaries. This becomes especially difficult if an estate includes leaving assets to a minor.
Florida Probate Law
You’ll be able to find a very detailed probate system in the Florida Statutes and in the Probate Rules adopted by the Florida Supreme Court. These documents are publicly available, and the easiest way to get them is online. Because the language that the State uses in these Statutes and Rules can be difficult to understand, the vast majority of people find it necessary to hire a lawyer. The best possible thing that you can do in a situation that calls for probate is inform yourself, and hire an attorney experienced in probate matters.
Florida’s probate law requires most personal representatives to employ an attorney, for two very important reasons: Florida has a rule that unless the personal representative or an “executor” is the only beneficiary, it is necessary that he or she hires a licensed attorney to assist in the probate administration. This helps alleviate difficulty in a situation involving multiple people, where tensions may run high, by adding a sort of middleman to the equation.
Florida’s system is too complex for many personal representatives to follow without guidance, and the courts are not set up or staffed to provide probate legal assistance. In this way, an attorney who is experienced in the field of probate law and who knows the laws, rules, and regulations like the back of his hand, will be more able to get the job done right the first time. Unfortunately, if mistakes are made by the personal representative who has not retained an experienced attorney, the process will need to be redone, which can often take quite some time and cost additional money.
In writing a will, a lawyer can help in a number of ways. If someone dies without a will (known as dying “intestate”) in Florida, their assets are divided amongst their immediate family. Right away you can see that a lawyer is of great use to anyone who needs to write up a will. If the deceased has a spouse and at least one child, the first $60,000 of their estate beyond homestead entitlements, plus one-half of the remaining estate, will go to your spouse. The rest ends up going to their children. If they have a spouse but no children, their entire estate will go to the spouse.
If the deceased has no spouse or children, the estate goes to their parents, so long as they are still living. If their parents aren’t still alive, the estate goes to the deceased’s siblings. Given the complexities of distributing assets and estates, a lawyer can help you prevent problems that may arise, by guiding you through the process of will-writing. They’ll explain to you the terms that you don’t understand, so that get through the process quickly and without missing any important details that might be unexpected. Especially if you have children from a prior marriage, a will is a must or your assets may not be distributed the way that you want them.
A lawyer can help you decide among the many ways to transfer assets outside a will in Florida. These other options include:
- Life insurance policies or trusts
- Gifting cash or other assets before death
- “Payable On Death”(“POD”) bank accounts
- Retirement plans and Individual Retirement Accounts (“IRAs”)
- ”Revocable living trusts,” or the giving all your assets to a trustee for management before your death.
For many people, these options are preferable to those of simply writing a will; however, it’s often difficult to decide which one is the best for you.
A lawyer can help you choose your best options by explaining the ins and outs of each and by applying these possibilities to your particular situation. Having a lawyer on your side when trying figure out how you’d like your assets and estates dealt with after your death will help you make sure that these matters are professionally handled. It’s important to remember that lawyers deal with these kinds of things every day, and therefore know far more about the matter than most people do. That’s one of the reasons why they are such a help during probate processes.
In Florida, you can make a valid will if you are at least 18 years old and of sound mental state. The will needs to be in writing and signed before two witnesses This process, while often complicated, is simplified by hiring a lawyer, who is experienced in the Florida probate process. They will be able to put things in a language that you can understand, so that you know just what you’re doing, and so that you can be sure to have your will just as you’d like it to be.
A lawyer who does a lot of estate planning or probate procedures in general can explain the consequences of some of the most basic choices you have to make. For example they can help you decide whether or not you want to leave property to your minor children. For that reason, it makes sense to consult with a Florida probate lawyer and have him or her write a draft of your will for you or with you, so that you don’t make costly mistakes or accidentally miss something of prime importance.
As you can see, handling Probate laws is not an easy thing to go through or deal with, which is one of the many reasons why it’s often a good idea to hire an attorney experienced in the field of Florida probate law to help you with the matter. Having an attorney on your side will help you make sure that the estate and assets of your loved one’s particular case are handled in a proper and legal fashion.
Click Here To Contact A Florida Probate Lawyer Today!
2008-04-22 15:25:49
is a term used to describe an attorney whose main area of practice includes estate planning (preparation of wills, trusts, powers of attorney for example) guardianship and probate of estates. Usually ... [read more]
2008-04-22 15:25:12
a personal representative may employ counsel to protect the estate, and to enable him/her to properly manage the estate. The personal representative can choose their own attorney, and is not requi ... [read more]
2008-04-22 15:23:45
the property of a decedent that is the subject to being probated or administered. Each state in our country has their own individual laws relating to decedent’s estates and they are very different. ... [read more]
2008-04-22 15:23:15
There are two types of Homestead in Florida. One is a tax exemption, which has nothing to do with probate. The other is a process that can be completed during probate, in which a Petition and Order ... [read more]
2008-04-22 15:22:22
this is the proceeding that one must go through to administer the estate (assets) of a decedent domiciled in the State of Florida or owning property in the state of Florida. Basically, administering ... [read more]
2008-04-22 15:20:37
The property of a decedent that is the subject to being probated or administered. Each state in our country has their own individual laws relating to decedent’s estates and they are very different. ... [read more]
2008-04-22 15:18:02
an attorney can agree to a flat rate fee in the state of Florida, for legal services. The Florida Probate Code provides in Section 733.6171, what compensation for attorneys would be considered rea ... [read more]
2008-04-22 15:16:37
the property of a decedent that is the subject to being probated or administered. Each state in our country has their own individual laws relating to decedent’s estates and they are very different ... [read more]
2008-04-22 15:05:35
Each county in the state of Florida has a Circuit Court which has jurisdiction over all probate matters. In that Circuit Court resides a probate division, that specializes in the administration of ... [read more]
2008-04-22 15:04:22
this is the proceeding that one must go through to administer the estate (assets) of a decedent domiciled in the State of Florida or owning property in the state of Florida. Basically, administeri ... [read more]
2008-04-22 15:01:13
Any pleading, petition, motion, order, etc., that is used in probate proceedings; which should be approved by the probate court and the Probate and Trust Law section of the Florida Bar, who is in char ... [read more]