Probate

 Losing a loved one is hard enough without the additional stress of navigating what’s next in the probate or trust administration process. If you are the estate administrator or personal representative, you are the individual tasked with navigating the probate process. If you are the trustee, you are the individual tasked with navigating the trust administration process. Either way, you will want to make sure your loved one’s estate or trust is properly administered according to the law so that you are not held personally liable or face unnecessary legal issues.

 Probate is the court supervised process in which a personal representative gathers the assets, identifies and pays any valid creditors or outstanding debts, and then distributes the remaining assets to the beneficiaries. The process of transferring property of the deceased person cant take months. The entire process can take up to a year or more depending on the estate assets, creditors, and family dynamics and can be daunting for those who do not know how to navigate the complex requirements skillfully.

Trust administration is the process of administering assets held in an individual’s trust. There can be many steps to trust administration. Similar to the personal representative in the probate process, the trustee in the trust administration process gathers the assets, looks at the terms of the trust for guidance, and distributes the trust assets to the trust beneficiaries. The process may be shorter or longer depending on the amount of assets, the type of assets, and the dynamics of all parties involved.

At the Law Office of Amy B. Van Fossen, P.A., we have the probate and trust attorney experience and compassion necessary to make the probate and trust administration legal process as stress-free and efficient as possible. Our probate and trust lawyers take care of all the details from start to finish.

Our Services Include the Following Range of Tasks and More:

• Preparation and filing of all necessary legal documents and probate court documents
• Selection of the proper representatives
• Estate inventories and accountings
• Distribution of assets (i.e. personal property, bank accounts, life insurance policy)
• Beneficiary agreements
• Trust termination
• Understanding and planning for inheritance taxes and estate taxes
• Additional legal advice as needed

Ancillary Probate for Non-Residents:

When a resident of another state who owns real property in Florida passes away, the Personal Representative will need to look to Florida law to pass the Florida real estate to the beneficiaries at the time of death. Even when a non-Florida resident’s estate is administered in his or her home state, Florida courts have jurisdiction over the real estate situated in Florida. In these cases, we coordinate efforts with the legal representation in the non-Florida resident’s home state to facilitate the transfer of the Florida real estate.

Non-Resident Probate is Necessary to Administer:

• Assets in Florida (i.e.: Real Estate)
• Credits due from residents of Florida
• Liens on property situated in Florida

Distance can often make it difficult for out-of-state residents to address legal matters in Florida. That is why we take the time to understand the concerns and goals of out-of-state clients and strive to ensure that your loved one’s property and financial affairs in Florida are settled properly. Our probate lawyers are committed to providing clients with open and honest communication to keep clients fully informed of the status of the estate and probate proceedings. We address concerns and work to ensure that the requirements of Florida law are fully addressed.

Learn more about how to avoid Probate by registering for an Estate Planning Workshop.