The death of a family member is undoubtedly a difficult and frustrating time. Often, surviving heirs are informed of the probate process but are uncertain how exactly it works. Generally, probate is the legal process of identifying a decedent’s property (real and personal property) and dividing that property among the decedent’s heirs and beneficiaries. Once the decedent’s property is identified, it will likely be distributed according to a valid will or if no will exists, by applicable Florida law.
Early in the probate process the court may appoint a personal representative who will have certain responsibilities including:
1. Completing a formal inventory of the estate assets
2. Keeping an accurate accounting of the estate’s transactions and assets
3. Paying creditors of the estate
4. Filing tax returns and paying taxes of the estate
5. Distributing assets to the beneficiaries
Kassel Law Group’s experienced probate lawyers understand the nuances of probate law and are well equipped to guide you through the process. We believe in keeping our clients well informed and fully involved. If you have a question about probate in Florida, please contact us for a free consultation.
PROBATE AND TRUST LITIGATION
Occasionally, disputes may arise related to a trust, will, a codicil to the will, or actions of a personal representative. Some circumstances that may lead to a contested probate include:
1. The will or codicil to the will were improperly executed
2. The testator did not have the capacity to make or change the will
3. The terms of the will or trust are unclear
4. The testator was unduly influenced by a third party to make certain devises in the will or change the will
5. A third party fraudulently induced the testator to make or change the will
6. The decedent revoked or cancelled the will
7. A personal representative’s breach of a fiduciary duty
Kassel Law Group’s probate litigation attorneys are no strangers to the courtroom. Our firm’s litigation skills, estate planning, and probate experience provides us with a unique perspective in resolving probate disputes and obtaining justice for our clients.
If you have questions about probate litigation, please contact us today.
Call us now for a consultation!