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Miami Probate Attorney
True enough, we cannot bring our material possessions after death. Following a loved one’s passing, another challenge that the remaining family members may have to face is the probate process. The deceased person’s financial affairs will need to get organized, requiring the help of a trusted probate attorney.
Cass & Ramos, PLLC houses a team of professional Miami probate attorneys who are always glad to assist you. As beneficiary or heir, you need legal assistance with regard to settling estates or assets after a loved one’s death. The particular probate process depends on the nature of the case—whether the decedent had a will (testate) or did not have a will (intestate). Regardless of the circumstance, we are professionally ready to guide you throughout the entire legal proceeding.
Because probate is a legal process of identifying the decedent’s estate assets and then determining how the deceased person’s estate will be distributed, the process can be very time-consuming, complicated and frustrating. Our probate attorneys can alleviate your burden by providing legal instructions and legal advice to the heirs, beneficiaries, or personal representative. We will also assist with any and all disputes that arise due to the decedent’s debts and or when several parties (such as heirs, beneficiaries or creditors) claim a fraction of the distribution from a probate estate asset and the deceased person’s property.
The state of Florida provides its own probate laws that the beneficiaries, heirs and personal representative must understand and follow. Our probate lawyers can help you unravel and simplify these laws so that you can better understand the probate process and appreciate the results that we achieve. We provide free consultations, a thorough examination of the case and logical and genuine advice to all of our potential probate clients.
Call Cass & Ramos, PLLC at (305) 699-0757 for your Free Consultation!
Testate and Intestate Situations
A testator is someone who died with a provided will. The one responsible for the probate administration of a testator’s probate estate is a personal representative. Different states have different rules regarding the timeframe of when the probate should be filed and whether a will is legally valid. Our lawyers, who are well-versed in the probate procedure and probate laws of Florida, help speed up the process.
In the context of a testate case, our lawyers will help review legal documents, such as wills and trusts, to properly explain the contents and ensure that the documents are valid. We also examine the documents to determine whether they were freely signed by the individual and that the execution of the documents was not forced. Our highly qualified attorneys will advise the personal representative regarding the steps to take if a will, trust or probate distribution is contested by another party. We can also advise you if you can file a will contest.
When someone dies without a will or a when a decedent’s will is determined by the probate court to be legally invalid, the probate proceeding is considered “intestate.” In such cases, the distribution of the probate estate assets will be made in accordance with Florida’s intestacy probate laws. Oftentimes, these proceedings are lengthier and more complicated than testate cases because heirs and assets must be identified and located. It is important to hire a Miami probate attorney when a decedent does not have a will because, in these cases, the estate’s assets will never pass unto the decedent’s heirs unless someone initiates a probate proceeding in the county where the deceased person passed away (or many times, where the assets are located).
Duties of Miami Probate Attorneys
A probate proceeding is generally costly and can take a long time to finalize, especially when the probate is intestate, if there are family disputes arising after the decedent’s death or if there are significant debts that accrued before the decedent’s death. In Florida, an attorney is required to represent a personal representative in a formal probate administration. Our probate attorneys will guide you in your role as personal representative. These are some examples of the areas of responsibility our probate lawyers handle:
Assets
Legal documents such as deeds, certificates of titles and other records of ownership must be properly retitled to transfer ownership to the beneficiaries and heirs. Our attorneys can efficiently and promptly prepare the necessary paperwork. In some instances, there may be assets owned by the decedent that the heirs and beneficiaries are unaware of. Our lawyers are well-experienced in identifying and locating these assets and distributing them to the appropriate beneficiaries. We can also help determine the amounts remaining after debts and taxes are paid. We will also work to dispute creditor debts. Life insurance proceeds and retirement plans without a named beneficiary are also distributed in the formal probate estate process.
Finances
Certain bank accounts and debts owned or owing by the decedent must be reviewed. It is necessary that our attorneys work alongside the personal representative in order to transfer funds from the bank accounts to the probate’s estate asset depository. Our attorneys also advise the personal representative to determine whether or not a debt must be paid by the estate, or if notice of death must be sent to creditors. Management of applicable estate taxes can also be performed by our attorneys.
Disputes
Our probate attorneys are experienced with the issues surrounding arguments amongst beneficiaries. Many times, disputes between beneficiaries cannot be settled. Our Miami probate attorneys are experienced negotiators that can look at these disputes objectively and from all perspectives. We are also skilled litigators and have successfully achieved strong results in the adversarial proceedings that we have been involved in. An adversarial proceeding is a separate lawsuit filed when one party disagrees with the manner in which the estate’s probate assets will be distributed.
Ancillary Proceedings
An ancillary proceeding is a separate probate action filed when a decedent owns property in another state and when that property pertains to the decedent’s primary probate estate. As previously stated, our Miami probate attorneys are capable of locating these out-of-state assets and filing ancillary proceedings so that these assets can eventually be transferred to the appropriate beneficiary/heir.
Best Miami Probate Attorneys
While every life is certainly unique, every probate administration is different. Our lawyers have handled cases of diverse origins, complexities and values. We have enthusiastically and skillfully handled probate cases of every kind.
The legal approach concerning families, children and marriages after someone’s death is often complicated and emotionally draining. Our probate attorneys have specialized in probate law and have practiced in the field for many years. Your specific case will be properly examined by brilliant and capable minds. We will identify and safeguard probate assets to ensure the maximum distribution possible.
Countless clients have placed their trust in Cass & Ramos, PLLC and their expectations have been consistently met and exceeded. Our Miami probate attorneys regard all cases as important and have never disappointed any of our clients involved in a probate proceeding. Although probate proceedings allow certain matters to be made public, we assure you that your legal concerns are kept confidential.
Frequently Asked Questions
Main FAQ
Probate is the legal process of administering a deceased person's estate, which includes distributing assets, paying debts, and ensuring that all legal and financial matters are settled.
The probate process can take anywhere from several months to over a year, depending on the complexity of the estate, whether disputes arise, and how efficiently documentation is handled.
Not all estates go through probate. If the deceased had set up a living trust or had certain assets with designated beneficiaries (like life insurance or retirement accounts), those assets may avoid probate.
Yes, probate can be avoided through proper estate planning, such as creating a living trust, joint ownership of property, or naming beneficiaries on certain accounts.
The personal representative is responsible for managing the estate, paying off any debts, and distributing the remaining assets to the beneficiaries according to the will or state law.
If there is a will, the personal representative is typically named in it. If there is no will, the court will appoint someone, usually a close family member.
If a person dies without a will, their estate will be distributed according to Florida's intestate succession laws, which prioritize close relatives like spouses and children.
Formal administration is the standard probate process for larger estates, while summary administration is a simpler, faster process for smaller estates or when the person has been deceased for more than two years.
Probate costs can vary, including court fees, attorney fees, and other administrative expenses. Typically, costs are based on the size of the estate, and attorney fees are often a percentage of the estate's value.
Yes, probate can be contested if an interested party believes that the will is invalid or that the personal representative is not acting in the best interests of the beneficiaries.
A probate attorney helps guide the personal representative through the probate process, ensuring that all legal steps are followed, debts are paid, and assets are properly distributed.
While it's possible to handle probate without an attorney, it is highly recommended to seek legal assistance, especially if the estate is large, complicated, or if disputes are expected.
Ancillary probate is required when a person who has passed away owns property in a different state than where they lived. In such cases, probate must be opened in the state where the property is located.
In Florida, there is no state estate tax, but federal estate taxes may apply if the estate exceeds the federal exemption amount. A probate attorney can help with understanding any tax implications.
You can protect your assets from probate by setting up a living trust, joint ownership, or naming beneficiaries on accounts like life insurance and retirement plans.
A will is a legal document that outlines how a person's assets should be distributed after their death. It helps ensure that the individual's wishes are followed and can simplify the probate process by clearly stating how the estate should be handled.
If multiple wills are discovered, the most recent will is typically considered valid. However, disputes can arise if there are questions about the legitimacy of the documents. A probate court will need to resolve such conflicts.
Non-probate assets are assets that can be transferred directly to beneficiaries without going through the probate process. These include jointly owned property, life insurance policies with named beneficiaries, and accounts with payable-on-death or transfer-on-death designations.
If the deceased owned property in multiple states, ancillary probate may be required in each state where property is located. The probate process begins in the state of residence and then extends to other states as needed.
If you believe the personal representative is mishandling the estate, you can contest their actions by filing a petition with the probate court. This may result in the court reviewing their actions, and in some cases, the court may appoint a new representative.
Free Consultation
Cass & Ramos, PLLC is consistent in providing the best legal services you need concerning probate matters. There are cases where you don’t need a probate lawyer in court, such as when the deceased was proven to have no assets remaining. It is then vital to speak and relay pertinent information upon consultation with our lawyers. We will listen and understand all matters at hand.
Call Cass & Ramos, PLLC at (305) 699-0757 for your Free Consultation!