Our clients matter most.
Protecting Your Assets.
Let us can help you to answer important questions you may not know to ask. For example…
- Who will be your child’s caregiver and guardian if you cannot assume that role?
- Who will make decisions for you about finances and health care if you are temporarily, or permanently, incapacitated?
- Is there a way to make sure that your disabled child can inherit assets upon your death but still continue to receive government assistance?
Areas of Practice
- Wills & Trusts
- Powers of attorney
- Advanced directives and health care surrogates
- Living wills
- Estate planning
Give us a brief description of your issue and a method of contact.
The experienced attorneys at the All Florida Probate are admitted to practice law in all Florida state courts and in all of the Florida federal district courts.
All Florida Probate can help you think through your priorities and then create legal documents tailored to fit your life and your family. Our estate and tax planning services include wills, trusts, probate, powers of attorney, living wills, advanced directives and health care surrogates, trust administration, estate planning, asset protection planning, will contests and estate and trust litigation.
Get Your Questions Answered Ahead of Time
Learn more about Probate & Estate Planning before you call.
Property in Probate
Not all property owned by the decedent is subject to the probate process. Only assets designated as “probate assets” go through probate. Often, assets pass outside of the court probate process which means that creditors may not access these assets to pay debts…
Formal vs. Summary Administration
Formal administration involves the appointment of a personal representative. It requires the personal representative to give certain notices to known creditors and to publish notice of the probate administration in the newspaper to alert unknown creditors…
Will or No Will?
Pursuant to Florida Statutes, a person with custody of a will is required to file the original will with the clerk of court within 10 days after receiving information that the individual is deceased. People often believe that if there is a will then that means…
What Is Probate?
When a family member or loved one passes away, a Probate Administration will often be required to obtain the deceased person’s assets and to deal with their debts.
Probate is a court supervised process. The court case is usually opened in the county where the person died or where their residence was located on the date of death.
During this probate administration process, if the person left a Will the court will determine whether the Will is valid under Florida law. The court will also appoint a Personal Representative if the probate case has been filed as a “Formal Administration”.
“Probate assets” are initially identified and gathered by the Personal Representative. The Decedent’s probate assets will be used to pay for attorney’s fees and costs of the probate as well as debts and taxes owed by the Decedent.
If the Decedent left a valid Will, then the probate assets remaining after payment of costs and debts will be distributed in accordance with the terms of the Will. If there is no valid Will, then the probate assets will be distributed according to the specific requirements set forth in the Florida Statutes and other provisions of Florida law. Generally, this means that the probate assets will be distributed to close family members in a specific order of priority.
If the case has been filed as a “Summary Administration” then somewhat different rules apply. A Personal Representative will not be appointed, and the process will usually take less time than a “Formal Administration.”
Sometimes it is possible to avoid filing a Probate case at all. This depends upon the particular facts of each case as well as the type, and amount, of assets and debts.
An attorney is necessary to file a Probate case in Florida Courts. Please contact my office for a free initial consultation to determine whether you need a Probate and, if so, which type of probate process will be required in your particular matter.