The death of a loved one can lead to legal complications, including changing asset titles, addressing creditor claims, and filing tax returns. While certain issues can be managed by the decedent’s family, others may necessitate the assistance of an attorney.
Following the death of a loved one in Florida, it is required to file the original will, if available, with the clerk of court in the county where the decedent resided at the time of death, within ten (10) days. This step ensures the will is safeguarded against accidental destruction or misplacement. The transfer of title for some assets can be accomplished by presenting a death certificate and completing an application form. For instance, a life insurance policy with a designated beneficiary typically requires only an application form, a death certificate, and possibly the original policy. However, probate proceedings are necessary for other assets to establish the lawful transfer of ownership through the judicial system.
Uncontested probate involves addressing matters related to creditor claims, tax liability, and the distribution of the decedent’s assets through the court system. The primary objectives of uncontested probate are to authenticate the decedent’s will, if applicable, establish clear title to assets, settle any creditor claims, handle income tax returns and other tax matters, and ultimately distribute the assets in accordance with legal requirements.
Attorney Hallie Zobel’s office assists clients in determining whether ownership transfer necessitates probate or can be achieved through presenting a death certificate and completing an application form. We present various probate options so that clients can decide on the most straightforward approach to facilitate the transfer of ownership and resolution of related issues. In certain cases, an expedited process called summary administration may be suitable, while other situations require formal administration, which offers more flexibility but takes longer to complete.
Please contact our office to schedule a consultation and discuss the most efficient and effective approach to resolving issues that arise following the death of a loved one.
Unfortunately, disputes often arise after a person’s passing. Estate litigation involves utilizing the court system to settle conflicts related to the estates of decedents. These disputes can involve disputes over asset ownership, challenges to the validity of wills, trusts, and marital agreements, and disagreements arising from the misappropriation of assets intended for rightful beneficiaries. Additionally, conflicts may arise between the fiduciary and beneficiaries concerning the proper administration of the estate.
When disputes arise, it is crucial to seek the assistance of an attorney with courtroom experience who understands the intricacies of the legal system. Such an attorney can effectively advocate for your position in the dispute, and if necessary, handle any appeals of decisions made by the trial court.
Well established in devotion to her work, Hallie has always possessed an acute interest in seniors, enjoying working with them in this phase of their life.
