Wade Coye's Blog
Regulating the Regulators
The “Great Recession” that started three years [...]
Emerging Technologies within Traditional Systems: Video Conferences
It is so easy to communicate in today’s world. [...]
Building the New Orlando Location
In July 2009, the Coye Law Firm temporarily relocated [...]
Random Feeds
Couple held after infants' bodies found
French national police Tuesday detained a couple after the [...]
Probate
Probate ♦ Guardianship ♦ Estate Planning ♦ Wills ♦ Trusts ♦ Durable Power of Attorney ♦ Health Care Surrogacy ♦ Living Wills
The loss of a loved one can be made more difficult when you have to navigate through the complicated probate court system in Florida. The Coye Law Firm is an estate law firm dedicated to its clients' needs.
Probate is the process in which a deceased person’s property is collected and passed on after his or her death. The probate system can be very complicated and daunting, especially after the loss of a loved one. An estate needs to be probated regardless of whether the deceased left a will or not. The probate process consists of petitioning the court and having a personal representative for the estate named. The estate planning attorneys and probate staff of the Coye Law Firm can help with every aspect of probate no matter how difficult it may seem.
The Process of Probate
A notice of administration of the estate must be published, and a notice to creditors must be published so that all possible beneficiaries and creditors are notified of the administration of the estate. The personal representative files all appropriate tax returns, and ensures taxes are paid out of the estate as required. The personal representative is responsible for distributing the property and assets to the creditors and beneficiaries, and the estate is then closed.
While the probate process sounds simple, it is extremely complex, especially when there is no will or a poorly drafted will. The Florida probate rules are very complex, and require an experienced attorney to provide guidance through the process.
Why do you need an estate planning attorney?
A personal representative must be represented by an attorney in almost every situation in Florida. The probate attorney for the personal representative represents and advises them of their duties and rights, and assists them in performing these duties. Some examples of the duties include:
- Identify, gather, and safeguard the decedents assets and property
- Publish a notice of administration and notice to creditors to ensure all interested parties are notified of the estate administration
- Object to any improper claims or defend suits brought against the estate
- File tax returns on the estate and pay taxes
- Pay all court costs and administrative expenses
- Distribute the appropriate amounts to the beneficiaries and creditors
- Employ professionals when needed, such as appraiser, accountants, or attorneys
- Close the estate
It is also important to have a probate laywer if you are a beneficiary to an estate, or feel you have an interest in an estate. An attorney can assist you in determining if you do have an interest in the estate, and can file a claim with the estate on your behalf. An attorney can also assist you if the estate objects to your claim, or does not distribute your share of the estate to you properly.
If you are named or appointed a representative, or feel you should be a beneficiary to an estate, you need an experienced probate attorney to guide you through this complex process.
The Coye Law Firm can assist you with processing Florida probate claims. Our probate attorneys are knowledgeable in the probate administration process and experienced in Florida probate laws and rules. The Coye Law Firm can guide you through this complex process and ensure your loved one’s property is passed on properly. Call us today.
