Protect Yourself And The Estate You Are Administering With A Probate Attorney
You may find yourself in charge of the administration of an estate if you were named as an executor or trustee in testamentary documents, or if your loved one died without a will. Alternatively, you may be a business partner of the deceased or a potential beneficiary or heir to assets from a family member’s estate. As such, you wish for clarity regarding the probate and estate administration processes that may affect you. Regardless of what your role is, you are doing the right thing by looking for advice from a knowledgeable probate lawyer.
At Forgione Law, you will find a lawyer who takes pride in the quality of his work as well as the satisfaction and trust of his clients. Probate attorney Brandon Forgione stands out among his legal peers in the Stuart, Florida, area because he focuses his practice solely on estates, particularly the resolution of probate and estate litigation. Many clients seek his help to settle estates in ways that will minimize or eliminate the potential for legal challenges during these processes.
Meet The Challenge In A Timely Manner
As a personal representative or executor, you may be responsible for:
- Filing the will with the probate court along with a petition to act as personal representative or to have that person’s identity confirmed
- Notifying creditors and paying them as required
- Taking an inventory of all assets in the estate
- Responding to claims from anyone who believes they have an interest in an estate such as lienholders or children who lack legal standing through paternity actions, adoption or other ways of verifying their eligibility to inherit assets
- Submitting accounting to the probate court
- Distributing assets to the correct beneficiaries or heirs
- Filing a final income tax return and closing the estate
As a trustee, you may be responsible for administering a trust in accordance with all laws. Even if it seems straightforward, you should get legal advice. Learn how to protect yourself from allegations of breach of fiduciary duty or any other wrongdoing related to the trust or assets within it.
Frequently Asked Questions About Probate And Estate Administration
If you have questions about the estate administration process, talking to a probate attorney can help. Here are some questions you may have for a probate lawyer:
How long does the probate process typically take in Florida?
The probate process could take six months to over a year to settle an estate. At minimum, an estate may be administered within 90 days. During these 90 days, creditors can file claims against the estate. The length of the probate process in Florida depends on a few factors.
The size of an estate, debts and taxes can prolong the probate process. One of the biggest issues that can delay the administration of an estate is disputes. Disputes over the claim of assets can lead to litigation issues. Once all of the claims against an estate are satisfied, the probate process may end. A probate lawyer can help clients administer an estate as quickly as possible.
Do all estates need to go through probate?
In Florida, an estate that is worth less than $75,000 can go through a simplified summary administration process. Simplified summary administration is typically faster and cheaper than normal administration processes.
There are several ways that the deceased could have set up their estate plan to lower the value of their estate, such as setting up a living trust or passing assets to a surviving spouse. Learning how to value an estate can help people determine whether an estate is eligible for summary administration or formal administration.
Can I avoid probate?
Yes. While an executor may have been named in a will, that does not always mean that an estate needs to go through probate. The deceased may have drafted a trust that distributes assets directly to a beneficiary. Alternatively, assets may be distributed directly to a surviving owner of the estate, such as a spouse.
How do I handle disputes or contests during the probate process, and what are my options?
A dispute or contest over an estate can be greatly disruptive and upsetting for family members. If this happens, it is important to talk to a probate attorney to learn how to handle the issue. The matter could be handled outside of court, resolving the issue without harming the value of the estate. However, if the matter continues, it may need to be resolved through the court.
Settle An Estate And Resolve Any Disputes Effectively
At Forgione Law, you will find the direction you are looking for as you prepare to administer the estate of a family member or anyone else for whom you are a designated personal representative. If troubles arise, he can help you find the most efficient path to resolution. From his office in Stuart, Florida, attorney Forgione can share the benefits of his decade of experience in estate administration and litigation.
Mr. Forgione and his staff make every effort to be responsive and deliver top-notch legal work. You can expect transparency in pricing and billing along with the results you are looking for. To schedule a free initial consultation with a probate lawyer, call 561-730-3926 or send an email inquiry. Attorney Forgione or a trusted staff member will get back to you promptly.