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Probate Administration

Judith A. Frankel, Attorney At Law - Probate Administration Miami Beach

Miami Beach, Miami, Broward County, Probate administration and estate management and distribution of property/inheritance, Guardianships, Competency/capacity determination

What is probate administration?

Probate administration means the legal process by which  a person’s assets are distributed to those entitled after death.  If there is a valid will, the administration is based on the terms of the will.  The Will nominates or names who will be the personal representative and that person after being appointed by the court with the assistance of an attorney manages the administration of the estate.  If there is no will, the laws of Florida will have the administration through our intestate statutes which list by priority who can be appointed as the personal representative and that person, appointed by the court with the assistance of an attorney, manages the administration and distribution of the estate based on statutory guidelines.  The assets are based on what the decedent owned as of date of death and debts are also based on what was owed as of the death of death.  The process does not have to take long but if the decedent left few records and limited information, the process can get complicated.  If there are numerous claims, demands from creditors, the claims have to be resolved.

Steps in the probate administration process

  • File a petition of administration, listing heirs/ beneficiaries, requesting the appointment of the personal representative
  • Work with the personal representative so the person is aware of their responsibilities and fiduciary duties
  • Marshal and value the assets and determine what debts and creditors are involved
  • Notify creditors and interested persons
  • Locate missing heirs
  • Payment of legitimate debts and claims
  • Prepare and pay all required Federal tax returns
  • Distribution of assets based either on the decedent’s Last Will or Florida’s intestate statutes
  • Complete all court pleadings to conclude the probate administration and obtain Final Order of Discharge

To inquire about your needs concerning a probate administration, call our office at 305-867-1313 to schedule an appointment.

Delay in beginning the probate administration process can result in problems that will require more time and money to resolve.  At the Offices of Judith A.  Frankel, our more than 35 years of an active probate administration, will guide us in avoiding and resolving most probate administration problems before the little problem becomes a major concern.

As it is said, were there is a will, there can be a lawsuit.  At the offices of Judith A.  Frankel, we will advise and counsel the personal representative as well as persons who are interested in contesting a will

In today’s economy we understand the need to provide cost-effective services and this office has handled estates of all sizes.  To find out more about what services we provide regarding this office’s handling of a probate administration or litigation, contact the office at 305-867-1313 to schedule an appointment or judithfrankelinfo@gmail.com

After 35 years of active probate administration practice and estate planning, the most efficient process is one in which the plan is to minimize the procedure.  Our office can assist in the creation of estate planning vehicles including a properly drafted and executed Last Will and Testament, advance directives such as a Living Will, Health Care Surrogate Designation, HIPPA personal representative, as well as irrevocable insurance trust, revocable trust.  Call our office or send us an e-mail to make an appointment so we can discuss what is the right estate planning and personal directive for you.

 

Last Wills & Testaments

What is a Last Will and Testament?

A Last Will and Testament  is a written communication by which a person directs how his or her estate is to be distributed upon death. The estate consists of the property that one leaves behind after death.  The Last Will and Testament nominates the person and persons who are in charge under the supervision of the court is complying with the instructions is the Will.

It is essential that the Last Will and Testament comply’s with state law and the advice and assistance of an experienced attorney in drafting and signing of the document is essential to insure that your stated directions can be achieved.  Please call our office at 305-867-1313 so we can help you achieve your objectives.

Why Do I Need a Will?

Wills are the most basic element of estate planning. A will is a legal document that explains how you want your property and assets distributed after your death. It allows you to say who you want to carry out your wishes and provides you with the opportunity to nominate a guardian for your children.  Call our office at 305-867-1313.

 

Powers of Attorney and Advance Directives for Health Care

Many people worry about what could happen to them if they suffered a medical emergency or became incapacitated. Luckily, most states recognize the need to plan for future incapacity with planning tools referred to as advance directives. Advance directives can include durable powers of attorney for financial matters or health care, and "do not hospitalize" or "do not resuscitate" orders. With these tools, people can direct one or more persons to make certain health care and financial decisions in the event of their incapacity. States have different requirements so it is important to understand what documents are needed to create valid advance directives. Call our office at 305-867-1313 so we can help you achieve the peace of mind knowing that you have taken the necessary steps to protect your health and financial needs when you are in need.