When someone who is a property owner dies, even if he or she does not live in Florida at the time of his or her death, all laws regarding the transition of that property go into effect; this is called “probate”. In some cases, when an individual has prepared for his or her death by setting aside funds and creating detailed wills and placing those wills in an accessible location, the probate can be rather straightforward.
Most people, unfortunately, do not do this and the probate period can be lengthy and costly for the family of the deceased.
How The Probate Process Works
Probate administration begins with submitting the Last Will and Testament. A personal representative, or fiduciary, is appointed and begins the process of organizing and pulling together the decedents affairs and property to catalog and inventory.
The personal representative is responsible for paying creditors and any fees owed for the estate attorney or fiduciary, as well as, all court costs. Upon completion the estate can then be transferred legally to those beneficiaries and heirs of the estate.
While this process works smoothly most of the time there are many situations that can occur. Many times with elderly couples, a death will leave behind an individual who is unprepared for the rigors of probate. Sometimes that individual will require care that could possibly be withheld during a lengthy, contested probate.
Having your affairs in order at an early age is always suggested. As you age and your life changes and your family grows London Baker Law will help you prepare for the day when you are no longer able to be there to make decisions for your loved ones.
If you are interested in learning more about what you need to do to ensure you are prepared – let me help you navigate you through the process of creating a will, managing child care and elder care, and estate succession planning.
Call our office at (813) 586-1332 (1DEB) to schedule your consultation!
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