The quickest proceeding, summary administration is available for estates where either (or both) the assets do not exceed $75,000, or the decedent passed away more than two years previously, and his will (if any) does not direct formal administration (and few do).
This is the typical route: appointment of a personal representative (f/k/a executor), marshalling of assets, resolution of all creditor claims, and distribution following a determination of the heirs and their respective interests. Though much maligned in the press, probate doesn’t have to be dreadful, drawn-out, or dreadfully expensive. I can guide you through the process of resolving creditor claims, barring late claims, passing title and distributing personalty properly.
When someone leaves real property in Florida to which they hold sole title, administration here is mandatory – but I can see to clearance of the title relatively quickly and inexpensively, and during the pendency of the domiciliary administration.
When someone forgets to mention their siblings to the court, I can re-open the administration and obtain an order setting forth the heirs and shares properly.
Initiate adversary proceedings to contest a will, break a trust, eject and surcharge a personal representative, or any number of other exciting legal maneuvers. By limiting my practice to probate, planning, and real property titles, I’m intimately familiar with the intricacies of these laws and rules, and have a valuable edge on general litigation attorneys, who may overlook exceptions, arguments for extension or revision of current law, and the unique procedure followed in courts of equity.
I can draft wills, trusts, and deeds, the primary instruments for the passing of estates, in accord with your instructions, and can review beneficiary designations on other non-probate assets, such as life insurance.
I’m not a tax attorney, and do not provide tax advice. Please consult with the financial advisor of your choice regarding the tax implications of your desired estate plans.