Helping Local and Out of State Clients Since 1994
In Florida, laws are on the books to protect not only the wishes of someone who dies in how their property is distributed, but also in how creditors are paid and to make sure that the heirs or beneficiaries get what is just and due to them. Florida probate law is found both in the Florida Probate Code and in the years of court cases that have resolved fights and challenges over estate assets and debts. Over time, Florida probate law has become confusing and somewhat of a maze to many – particularly when they are unfamiliar with the Florida probate process.
What is the Florida Probate Process?
When someone passes away, Florida law immediately transfers all of that person’s ownership into his or her “estate.” That person’s car, his house, her jewelry, his dog or cat: it is all owned by “the Estate of that person.” Florida law does this (as does every other state in the country) to insure that property ownership is efficiently transitioned. The law creating an “estate” allows this “estate” to have temporary ownership of the decedent’s property until everything can be sorted out.
This sorting out process, created by law, means that his or her estate must be administered by solving conflicts, validating claims, and distributing property. The administration of the estate is a process known as probate. Probate is the process of transitioning the property (including the debts) of someone who dies to other living owners.
Florida Estates – Florida Estate Assets and Debts
Some of the items that can be held by an estate during the probate process include all the assets (real estate, mineral rights, boats, cars, artwork, guns, jewelry, as well as things like furniture, clothing, pots and pans, even pets) as well as all the debts (mortgages, credit card balances, car notes, etc.) of the person who has passed away.
When someone dies, his debts aren’t erased: they must be probated. When someone dies, Florida law makes sure that both their assets and debts are respected.
The Florida probate process involves some kind of court administration where it is determined who becomes responsible for these assets and debts. Who gets the car, who gets the cat, how the credit card balances are paid: all of this is decided in the Florida probate process.
Florida Probate Can Be Complicated and Emotionally Draining
The probate process that follows the loss of a loved one can be exhausting and stressful. Dealing with the collection and itemization of assets as well as organizing and confirming outstanding debts can be very burdensome on loved ones already grieving their personal loss. Inventorying someone’s home can be very painful to those already dealing with heartache of death.
There are numerous issues that can arise during any Florida probate case. Insuring that the last will and testament is found and authenticated, making sure that everyone is notified of the probate, resolving disputes over assets as well as debts: even the simplest estate can become grueling and demanding on those responsible for the probate process as personal representative or administrator of the estate.
How Florida Probate Lawyer Larry Tolchinsky Helps Clients in the Probate Process
We know from personal experience that having a knowledgeable probate attorney to explain your legal options, help you understand the process, and fight for you if need be is invaluable. Florida probates are detailed and time-consuming responsibilities for those entrusted by the decedent to handle the job of sorting out the estate, and an experienced probate lawyer can be vitally helpful to personal representatives.
Larry also understands the trauma that families endure when there are questionable will circumstances – undue influence or lack of capacity – that means the probate process has to include investigating whether or not injustice has or might occur.
Sample Probate Documents
Below are sample documents normally filed in a Florida probate administration.
These pleadings reflect a small portion of the amount of work that is required to facilitate a probate administration.
Florida Probate Attorney Serving Fort Lauderdale
As a Florida probate lawyer, Larry Tolchinsky knows that probate clients are dealing with grief and loss at the same time that they are juggling responsibilities and Larry believes that compassion and caring are very important during these difficult times.
Over the years, Larry has handled issues such as management of business interests, debts owed by and to the decedent and IRS estate tax filings. He’s represented Florida probate clients in probate matters across the state of Florida, as well as in Fort Lauderdale probate courts.
As the attorney representing the estate’s representative, Larry can deal with the tasks of probate court hearings (so the representative does not have to appear) as well as using his experience and resources to efficiently organize and handle things like drafting and filing of probate pleadings, sending out legal notices, and circulating court orders.
Larry also represents clients in Florida probate matters related to:
Who is Larry Tolchinsky?
Florida lawyer Larry Tolchinsky has been assisting clients with the probate process for more than 20 years. He is dedicated to successfully resolving all issues and answering all questions that arise throughout the probate process. Larry will do everything he can to help you and your family through this difficult time, and Larry’s clients know that they will deal personally with Larry and not some member of the firm’s support staff or a probate paralegal.
To learn more about Larry and his qualifications, click on this link: Fort Lauderdale Probate Attorney
If you have a question about Florida Probate Issues, including how a will is filed with the Florida probate court, how a personal representative deals with inventory of the property, who is a beneficiary or heir under Florida law, what creditors are paid after someone dies, who can have a Power of Attorney, what a Power of Attorney does, the taxes on an Estate, or the like, then feel free to give Florida Probate Lawyer Larry Tolchinsky a call for a free consultation.
If you live in Fort Lauderdale and are looking for an affordable, experienced and knowledgeable Florida probate lawyer to assist you, call Larry Tolchinsky today at 954-522-0207 for a free initial consultation or feel free to email him through this website to schedule an appointment to learn more a free case evaluation or to ask any questions.
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