Probate

Probate Administration is the legal process utilized to supervise the transfer of your assets to your heirs and beneficiaries pursuant to a person’s Last Will and Testament or under Florida’s laws of intestate distribution.

Probate Administration can include:

  • Proving to the probate court that the deceased person’s Will is valid.
  • Identifying and preparing an inventory of the deceased person’s estate property.
  • Determining the value of the deceased person’s property.
  • Paying all debts, expenses and any taxes due.
  • Identifying and locating beneficiaries.
  • Distributing property as the will or the state law directs.

In many situations there are several people interested in the distribution of the probate estate such as creditors, the surviving spouse, government taxing authorities, beneficiaries and the personal representative of the estate. Each person or entity has their own interest which can often lead to issues and legal problems.

Sometimes, during the probate process, the validity of a Will is challenged or is non-existent (Florida intestacy law or Florida interstate succession law) leading to probate litigation. Challenges are often based upon errors in execution, unwarranted influence on the deceased when the Will was created, and incompetence of the deceased when the Will was created. There may be challenges to the types as obligations of the estate or Real estate may need to be sold to pay debts and expenses or as directed by a Will or trusts may need to be funded or split.

There may also be concerns over the misuse and abuse of a power of attorney, fraudulent procurement of lifetime transfers of property, the breach of a close and confidential relationship by an attorney or other fiduciary, allegations of elder abuse or even allegations that a family member, friend or caretaker acted to wrongfully turn an elderly person against his or her loved ones that lead to litigation.

KALIS, KLEIMAN & WOLFE’s probate attorneys have the experience and knowledge of Florida Probate Code to represent individuals, heirs, beneficiaries, and family members adversely affected by an honest mistake, by a misunderstanding, or by outright fraud and dishonest behavior. Probate Administration often involves extremely complex considerations that are not apparent to the client or to the beneficiaries of the estate that are hotly contended and can often lead to litigation.

We serve clients throughout Florida including St. Lucie County, Martin County, Palm Beach County, Broward County and Miami-Dade-County. If you need assistance with a probate, will or trust matter, contact the experienced Probate, Wills & Trust Attorneys at KALIS, KLEIMAN & WOLFE, the South Florida-based law firm today at (954) 791-0477.

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