Glantzlaw attorneys and paralegals are highly experienced in the filing of probate administrations and the representation of Personal Representatives, whether they are individuals or corporate fiduciaries. We also represent beneficiaries to protect their interests.
Probate is the Court-supervised process for identifying and gathering the assets of a deceased person (decedent), and paying the decedent’s debts and distributing the remaining assets to the beneficiaries.
In general, assets are first used to pay the costs of the probate proceeding, then to pay the decedent’s debts. Remaining assets are thereafter distributed to the beneficiaries. A Circuit Court Judge presides over probate proceedings. If any questions or disputes arise during the course of the probate administration, the Judge will hold a Court Hearing to resolve the matters in question.
Glantzlaw attorneys will assist you, if you are a Personal Representative, in the administration of the decedent’s probate estate. Many legal issues arise, even in the simplest probate estate administration, and most of these issues will be unfamiliar to non-attorneys. If you, as Personal Representative, mismanage the decedent’s estate, you may be liable to the beneficiaries for any harm they may suffer.
The Personal Representative has a legal duty to administer the probate estate pursuant to Florida law. Some duties include filing tax returns, paying taxes, distributing assets to beneficiaries, paying valid claims, and identify, gather, value, and safeguard the decedent’s probate assets.
As an alternative to Probate Administration, many estates are settled through the process of Trust Administration. If the decedent established a Revocable Living Trust, the Trustee may be required to pay expenses of administration, enforceable claims of the decedent’s creditors, and any federal taxes. Thereafter, remaining Trust assets are distributed to the beneficiaries.
Like the Personal Representative, the Trustee is responsible for all other tasks in the administration of a probate estate. Our attorneys and paralegals can confidently represent Trustees in fulfilling their multitude of duties and responsibilities, ensuring compliance with the detailed statutory and procedural requirements for Trust Administration.