Florida Probate Attorney & Lawyer
Fort Myers Probate Lawyer
Fort Myers Probate Lawyer
Why does Florida probate law require that a personal representative be represented by an attorney? In many ways, the representation is for the representative's protection. A personal representative is given a position of special trust - he is a fiduciary, and has a duty toward the heirs and creditors of the decedent. If the representative fails in that duty, he/she can be sued by any person injured by the failure. If you have been named as a personal representative for a will in Southwestern Florida, a Fort Myers probate lawyer can help you work your way through the complex maze of probate rules and laws. Actually, since most probate is uncontested, any Florida probate attorney can help you. It is recommended that you hire a Fort Myers County probate lawyer if there is contested litigation that needs to be held in the Fort Myers County courthouse because you will have an attorney familiar with the local rules, judges, etc.
What does a personal representative do?
In essence, the personal representative, like the executor in many other states, represents the decedent. It is the responsibility of the personal representative to see to the proper administration of the decedent's probated estate until it is distributed to its designated beneficiaries. Among the duties expected of the personal representative are the notifications required to all interested persons, filing of the will, settlement of any debts and distribution of the assets named in the will.
The Probate Process
Beginning the process: The process begins when any interested person files the original will with the Probate court along with a petition for administration. If the will is accepted, the judge will sign letters of administration which appoint a personal representative and serve as authority for the personal representative to administer the estate.
Debt assignment and management : One of the main purposes of probate is to see to it that all creditors with outstanding claims against the decedent are paid out of the estate. It is the responsibility of the personal representative to notify all potential claimants, verify their claims and make payments where required.
Asset security and management: It is also the duty of the personal representative to identify, secure and manage the assets of the estate. That can include making certain that the assets are insured and protected, and even investing the financial assets of the estate properly.
Distribution of assets: Once all tax and credit obligations have been settled, the personal representative is responsible for the distribution of assets to their intended beneficiaries.
The probate process is involved and complex, and most people who find themselves named personal representative of an estate have no experience with or knowledge of the probate court system. The advice and guidance of a probate lawyer can be invaluable in ensuring that all steps in the probate process are carried out in a timely and efficient manner.
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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]