Probate in Florida
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Probate has several main objectives:
- Probate allows creditors of the decedent to file claims for payment;
- Probate distributes the decedent’s property according to law whether by will or law (without a will by the default rules of law is called Intestate Succession in Florida);
- Probate transfers title of property to the intended beneficiary (since the owner is deceased the titled property can only be transferred by court order); and
- Probate resolves disputes and challenges to the will.
Our Florida Probate Attorneys work hard to get families through the emotional and sometimes frustrating probate experience. Our probate lawyers can assist executors with negotiation of debts, title transfers and work hard to settle disputes and challenges to the estate quickly and with dignity. Where counter parties are unwilling to negotiate we litigate zealously to protect the estate and defend your rights.
No one is served through expensive and protracted litigation in probate which delays beneficiaries from their gifts, depletes estate assets, and extends an emotional roller coaster ride.
We can help today and tomorrow.
Our Palm Beach, Miami Dade and Broward probate lawyers can advise you on property which does not need to pass through probate and instead may be passed directly to beneficiaries or joint owners. For example, life insurance proceeds go directly to the beneficiary. Most bank or brokerage accounts have pay-on-death designations which allow the account owner to specify the beneficiaries upon death. Retirement accounts also allow the designation of specific beneficiaries. Joint tenancy is a form of ownership where the final survivor owns the entire property without probate.
Most importantly, and unknown to even savvy business people, property held in irrevocable trusts also avoids probate passing directly to beneficiaries.
Transfers of these types avoid probate. They are often referred to as non-probate transfers.
There are ways to avoid and minimize probate. Our Miami Dade, Broward and Palm Beach probate attorneys can show you how.
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We understand the emotion difficulty, and stress of prolonged and expensive probate because we’re people.
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Our Florida probate lawyers serve clients in Palm Beach County, Broward County, Miami Dade County, and most other Florida cities and counties.
We handle probate challenges and defenses. We defend against creditors making claims to probate and negotiate with probate creditors that have legitimate well documented claims. We handle probate transfers of property quickly and correctly.
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