When someone passes away intestate, the process that follows can be complex and burdensome to those who are affected. If the probate court takes control of the situation, division of assets will be out of your hands.
With the proper tools, estate owners can eliminate many of the problems involving division of their assets ahead of time. Wills, trusts, and other documents may be written up to ensure that a clear and concise will is available. When it comes to the probate process, it is important to hire an experienced Miami Probate Lawyer who can help organize your affairs.
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Helping you through the Miami Probate Process
Our Probate Attorney Miami Lawyers know, managing a loved ones money or property after their death is not an easy task. Especially, if they did not leave a will to document their wishes. In Florida, probate proceedings are required regardless if a will exists whenever assets were solely owned by a deceased at the time of their death. The deceased may either be testate and have created a will, or intestate which means they did not have a will to dictate their wishes.
The probate process is used to determine a will’s legitimacy and to allocate assets if no will exists. If the deceased already had a will, they will have appointed an executor to carry out their wishes. If the deceased never created a will, the probate process will continue on to probate court upon petition of a loved one.
Probate Attorney Miami
Probate Court Miami focuses on allocating assets or property that are not automatically transferred to others following a death. Living individuals may dispute claims over assets or property in probate court in an effort to strengthen their position for receiving those assets.
A probate lawyer can represent you in court and help you voice your side of the claim. Legal representation is invaluable during the probate process, especially in disputes during litigation.
Probate Administration and Litigation
Miami Probate administration may be disputed with or without a will in place. Will contests, lead to probate litigation. The lawsuits are often the result of disagreements between beneficiaries and executors and may often concern faulty documentation improperly prepared or documentation that is not consistent with applicable law. However, then there are those cases where only an experienced probate Attorney knows what laws are applicable to help the probate courts determine what applies in the proceedings to determine what claims are just in these proceedings. At Marrero, Chamizo, Marcer Law, LP our Probate Attorney Miami Lawyers can act as a neutral party in the dispute and work to help the court determine the fate of an estate. Our Probate Attorneys can also help in carrying out a will’s requirements, assisting in the probate process in order to save you money and time that would have otherwise been lost.
Florida Estates and Trusts
The Miami probate process may also involve issues in the form of disputes between beneficiaries. A trust may have been created ahead of time as a means to have asset division fall to a singular party.
Estate administration follows the same methods as money or property division. If the trustee of estate administrator fails in their responsibilities or oversteps/violates the terms of their agreement, litigation may be possible. We work to clear up unnecessary disputes and properly translate the message of a will.