West Palm Beach Probate Lawyer
A sad time in any family is when a loved one passes away.
The family is grieving and must still administer to its financial needs. Probate and Trust Administration is the process by which the assets of a decedent are passed on, usually through the will or trust. If no will nor trust exists, then the estate is said to be “intestate,” which simply means without a will. In such a situation, the intestacy statute will control which family members inherit property belonging to the decedent.
If you or someone you know needs help with probate, contact a West Palm Beach probate lawyer today!
Smoothly opening an estate and/or administering a trust will help a family cope with the process and focus on the emotional loss.
As with any legal proceeding, there are technical aspects to probate and trust administration:
- Creditors need to be notified and legal notices published.
- Trustees need to be guided in how and when to distribute assets and how to take creditors rights into account.
- A Petition to appoint a personal representative may need to be filed and Letters of Administration obtained.
- Homestead property, which follows its’ own set of unique rules in Florida, must be dealt with separately from other assets.
- There are time factors involved in filing and objecting to claims against the estate.
- There may be a lawsuit pending over the decedent’s death or there may have been pending suits that are now continuing.
- Real estate may need to be sold to effectuate correct distribution of assets pursuant to the estate plan or merely to pay debts.
- Estate taxes must be considered if the estate exceeds certain thresholds.
- Other assets may simply need to be transferred from the decedent to his or her heirs.
At every step, expert knowledge and advice will help the client through the process with as little extra stress as possible.
Do you need a West Palm Beach probate lawyer to take on your case? Contact a West Palm Beach probate lawyer right away!
Probate and Trust Administration are routine parts of Mitchell Kitroser’s practice. He handles estates of all sizes and routinely has several estates at any time.
Call for a free phone consultation.