PROBATE
Kissimmee Probate Attorney - Lawyer legal
representation for residents involved in Probate and Probate Administration
legal issues or disputes in Kissimmee, St Cloud, Orlando, Osceola County,
Orange County, Seminole County, and the surrounding Central Florida area.
Probate
is the legal process of settling an estate after a person has died. A
petition must be filed with the court and a personal representative must be
appointed. The personal representative is responsible for the following:
·
Collection, inventory, and appraisal of
assets of the person who has died.
·
Protection of the estate's assets.
·
Payment of decedent's debts.
·
Distribution of the remaining assets to the
proper parties as provided by law.
When is probate necessary?
·
If a person dies and owns real estate
(regardless of value) either in his/her name alone or as a "tenant in
common" with someone else, a probate proceeding is required.
·
When a person dies and has no real
property, but has personal property in his/her name alone totaling $50,000 or
more, a probate proceeding must be filed.
·
When a person passes away and has a
combination of real property and any amount of personal property in his/her
name alone, a probate must be filed.
As a law firm providing professional Probate Attorney – Lawyer legal
services in Kissimmee, St Cloud,
Orlando, Osceola County, Orange County, Seminole County, and the surrounding
Central Florida area, we will always work diligently to protect your
legal rights and options regarding Probate issues or disputes. Learn more about
your rights by scheduling a confidential legal consultation with an experienced
Probate Attorney at Carpenter
Law, P.A. by calling 407.343.7737,
Toll Free at 877-854-7614 or by using our online email submission form.
During probate proceedings, a circuit court
judge will preside, making rulings on the validity of the will, any arguments
presented if a Last Will and Testament is being contested, the status of
current assets relating to the Will, any legal claims or debts against the
estate that may affect the administration of the Will, or other relevant
factors or issues that must be ruled upon before an estate can properly be
administered.
If in the decedent’s Last Will and Testament an individual or institution has
been specifically named as a personal representative to oversee the
administration of the estate, the judge will first determine if the individual
or institution is qualified to do so, as well as ensure the individual or
institution thoroughly understands and is willing to accept the legal
responsibilities, duties, and limitations to serve in that position.
The estate administrator has a
legal duty to administer the probate estate according to Florida Law, and is
legally bound to only act in the best interest of the beneficiary or
beneficiaries of the estate. These duties often include, but may not be limited
to:
- Identify,
gather, value, and safeguard the decedent’s probate assets.
- Publish a
"Notice to Creditors" in a local newspaper in order to give
notice to potential claimants to file claims in the manner required by
law.
- Serve a
"Notice of Administration" to provide information about the
probate estate administration and notice of the procedures required to be
followed by those having any objection to the administration of the
decedent’s probate estate.
- Conduct a
diligent search to locate "known or reasonably ascertainable"
creditors, and notify these creditors of the time by which their claims
must be filed.
- Object to
improper claims, and defend suits brought on such claims.
- Pay valid
claims.
- File tax
returns and pay any taxes properly due.
- Employ
professionals to assist in the administration of the probate estate; for
example, attorneys, certified public accountants, appraisers and
investment advisors.
- Pay expenses
of administering the probate estate.
- Pay statutory
amounts to the decedent’s surviving spouse or family.
- Distribute
probate assets to beneficiaries.
- Close the
probate estate
Get Answers
You Need regarding Probate and Probate Administration Issues
Make sure you
are fully aware of your legal rights and options relating to Probate or Probate
Administration legal issues. We are ready to provide the answers you need and
the representation you deserve. Speak to a probate attorney at Carpenter Law, P.A. by calling 407.343.7737,
Toll Free at 877-854-7614 or by using our online email
submission form.
Professional Probate Attorney - Lawyer legal services Kissimmee, St
Cloud, Orlando, Osceola County, Orange County, Seminole County, and the
surrounding Central Florida area.