A Florida Estate Administration Lawyer Can Ensure Your Loved One’s Wishes
Whether you’re a personal representative who’s overwhelmed or a grieving child who wants to minimize fighting over a parent’s will, a Florida estate administration lawyer can help.
Our Florida Estate Administration Lawyers Can Restore Order and Ensure Fairness
Losing someone close to you can be an unbearably emotional experience, not to mention a logistically tough and confusing one. A Florida estate administration lawyer can help you handle the diverse challenges that you’re confronting.
For instance, maybe you’ve been nominated to be the personal representative of a parent’s estate, but you’ve never had to tackle this kind of role before, and you’re not sure how to handle creditors, coordinate with the court or respond to communication requests from other beneficiaries. Alternatively, maybe you’re an heir who’s frustrated with the behavior of a personal representative, whom you believe may be mishandling the estate’s finances or even illegally paying certain parties first.
Even uncontested trusts and estates – situations in which everyone generally agrees about what should be done – can lead to complex business and tax questions. Contested trusts and estates, meanwhile, can spark infighting among beneficiaries, bruising battles with creditors and other issues that can drain the estate of value and cause pain for loved ones.
Probate and Trust Administration
The probate process involves identifying, gathering and distributing the assets of someone who has recently died as well as paying that person’s debts and distributing assets to beneficiaries. Typically, the personal representative first needs to pay for the costs of probate. Then he or she needs to pay the decedent’s debts. Finally, he or she can distribute the remainder of the assets to beneficiaries.
However, complexities in this process can abound. For instance, with the proper strategy, you may be able to limit the amount of money that goes from the estate to creditors or that the government takes out in taxes.
Florida law recognizes two types of probate administration:
- Formal administration
- Summary administration
State law also distinguishes between “heirs” and “beneficiaries.” If a person left a will, the assets will go to the beneficiaries – people named in the will to receive the estate. If the person did not leave a will, Florida law will determine the rightful heirs.
The trust administration process closely parallels the probate process, but trust documents do not need to be admitted in court, and the court does not supervise the disposition of the trust.
For help understanding your rights, contact a Florida estate administration attorney at 954-532-9447 right now to schedule a free consultation.Español