Probate

Passing on property is often one of the last gifts a person can do for their family. Unfortunately, sometimes the process of accessing that property is complex, expensive, and time consuming. In Florida, probate is the process by which a court transfers property from the estate of a deceased person, known as the decedent, to their beneficiaries or heirs. Having an experienced probate attorney by your side can make the process smooth, simple, and efficient.

Probate may be needed in various situations, which include:

• Transferring real estate investment or homestead property

• Admitting a last will and testament

• Accessing bank accounts

• Accessing other financial assets including life insurance policies or retirement accounts

• Transferring motor vehicles

• Initiating or defending a lawsuit

• Selling or continuing a business

• Accessing safe deposit boxes

• Missing heirs/beneficiaries

• Negotiating to prevent foreclosure of a home or real estate property

No matter your situation, Regalis Law is here to discuss the various probate options with you, including whether the decedent left a Will, called a testate probate, or if the decedent did not leave a will, called an intestate probate. These options may include petitions to access a safe deposit box, summary probate, disposition without administration, or formal administration probate. The decision of which probate to file turns on the nature and value of the assets and the time period that has passed. We can also help review and assess any creditor claims or final bills in advising whether or not they have a right to be paid under Florida law.

Formal Probate

In a formal probate, a personal representative is appointed with full authority to manage the assets of the estate. Sometimes the personal representative is referred to as the executor or administrator of the estate. A judge will issue letters of administration giving the personal representative authority to act on behalf of the estate, these are also referred to as testamentary letters. If there is a will, it must be admitted by a judge. There are various requirements in a formal probate including publishing a notice to creditors and filing an inventory of the estate with the court. Regalis Law is here to assist you ensuring the estate is properly managed and closed, including filing an accounting and petition for discharge.

Summary Probate

A summary probate may be appropriate where the value of the assets are under $75,000, only include a homestead property, or the decedent has been dead for more than 2 years. The benefits of a summary probate typically include a shorter court process and less expensive filing fees. The value of the decedent’s homestead or primary residence is generally exempt when determining the value of the assets and whether summary administration is appropriate.

We can also assist if a probate becomes contested and probate litigation ensues. In these cases it is important to have an experienced probate attorney to fight for or defend your inheritance. We litigate probate claims, including duress, undue influence, lack of capacity and actions to remove the personal representative. Regalis Law can help you protect your rights.

Trust Administration

If you are the successor trustee to a Trust, or a beneficiary to a Trust, it is important to know your rights and/or responsibilities under Florida Law.

If you are in the role as a Trustee, there are certain obligations placed by the Florida Trust Code. These requirements include following the trust instructions, making proper notifications to beneficiaries, managing trust assets and liabilities, and making distributions to beneficiaries. It is important to clearly understand the role of the Trustee as a Trustee can be removed for a breach of fiduciary duty, among other actions. A trustee may also have some, little, or no discretion in certain aspects of managing a trust. It is crucial to understand the role and responsibilities of a Trustee in Florida.

If you are the beneficiary of a trust in Florida, then you have certain rights. These include the right to be notified of changes to the Trust and an accounting of Trust assets. It is important to understand the Trust to understand the terms of distribution, trustee discretion, and to protect your rights. Regalis Law can assist you in assessing whether a Trust is being managed properly or whether removal, breach, or some other action may need to be taken against the Trustee.

Contact Regalis Law, P.A. today to assist with your Probate needs:

(321) 448-0408 | consult@regalislaw.com