Trusted Guidance From An Experienced Probate Attorney
Grieving the loss of someone you love is difficult. It can be even more difficult when you’ve also been named as the executor of their estate. Probate is a lengthy, time-consuming and complex process that most Florida estates must go through. Many executors who are not also lawyers find it too complicated to handle on their own.
Thankfully, caring and attentive probate help is available when you contact D. Christopher Alfonso, P.L.. As a probate attorney, I am dedicated to meeting the estate law needs of clients in the Tampa area, including guidance in probate and representation in estate-related legal disputes. When you work with me, you can rest assured that you are fulfilling your duties as executor and that your loved one’s final wishes are being honored.
Why Is Probate Such An Involved Process?
Probate is the process that proves the validity of a will and allows the executor to carry on with the administration of the estate. Even under the best circumstances, it can take many months and numerous court visits to satisfy probate requirements. As executor, your duties may include:
- Filing documents with the court and making all necessary court appearances
- Locating the decedent’s will
- Locating and accounting for all assets contained in the will
- Securing and ascertaining the value of estate assets
- Locating all named heirs and beneficiaries
- Negotiating with creditors to satisfy any of the estate’s remaining debts
- Filing a final tax return on the behalf of the estate
- Distributing estate assets in accordance with the will and other guiding documents
The list above is incomplete, but it gives a sense of how difficult an executor’s job can be. When you work with my firm, I can attend to many of these details with you or for you, freeing you up to focus on taking care of yourself and others who have been impacted by the loss.
Skilled Probate Lawyer For Estate-Related Disputes
A death in the family can bring out the best in some people and the worst in others, and disputes over the estate sometimes end up in court. Whether you are the executor, a named heir or someone else connected to the estate, I can protect your rights and advocate for your interests in disputes related to:
- Will contests (questions of validity, fraud or undue influence)
- Alleged breach of fiduciary duty on the part of the executor or trustee
- Removal of a trustee
- Interpreting unclear provisions in a will or other document
Litigation costs are generally paid with estate funds. Unless the dispute is resolved quickly, the very assets at issue can by greatly diminished. As your probate attorney, I will work to find the most efficient and cost-effective resolution to the disputed matter. While settling out of court is usually preferable, I am prepared to take the matter to trial if the other party proves unwilling to negotiate in good faith.
Frequently Asked Questions About The Florida Probate Process
Whether you are the beneficiary or heir of a Florida estate or expect to serve as a personal representative, you may have questions about probate. I can answer your questions and help you understand what to expect during Florida probate proceedings.
Is probate always necessary when someone dies in Florida?
No, probate is not universally necessary after a Florida resident dies. Typically, probate oversight is only mandatory when the deceased owned assets solely in their name and did not make arrangements in advance for those to transfer to their chosen beneficiaries. Joint ownership, transferring property to a trust, Enhanced Life Estate deeds and either payable-on-death or transfer-on-death designations for financial accounts may allow major assets to bypass the probate process.
What assets have to go through probate?
Any property solely owned by the deceased individual becomes their estate and may need to pass through the Florida probate courts unless there are already arrangements in place to transfer those assets to new owners. If the total value of the estate’s resources is greater than $75,000 or the estate contains real property, then formal probate proceedings are likely necessary. Smaller estates without any real property may qualify for simplified, summary probate administration.
What is a probate court, and what does it do?
Florida probate courts primarily attend to issues related to administering the estates of deceased individuals. The courts validate wills, empower personal representatives, protect the rights of creditors and ensure appropriate distribution of assets. They can also resolve disputes regarding the validity of a will or the conduct of the personal representative.
What if the original will and other estate planning documents can’t be found?
If surviving family members cannot locate a will or other estate planning documents, the courts may assume that the deceased party destroyed the documents in an attempt to revoke them. In such cases, intestate succession rules may control the probate process.
Concerned parties may contact the attorney who they know drafted the will to obtain a copy of the estate planning documents. However, those submitting a copy obtained from a lawyer must overcome the presumption that the deceased party destroyed the will with the intention of revoking their prior instructions. Additionally, there must be a witness capable of affirming that the copy is an accurate recreation of the original document.
Contact A Probate Attorney For Experienced and Knowledgeable Guidance
D. Christopher Alfonso, P.L., serves clients in and around Tampa, Florida. To discuss your legal needs with me, I invite you to contact the firm to schedule an initial consultation. Just call 813-321-7354 or reach out online to speak with a probate lawyer today.