PROBATE

Probate is a legal process after your death where your assets must be administered through the Court system in order for title to pass to your named beneficiaries or heirs.  The three main types of probate administration in Florida are:

• Ancillary Administration – involves an estate of a non-resident owning real property in the State of Florida.
• Summary Administration – involves an estate with non-exempt assets having a value of less than $75,000.00 or where the decedent has been dead for more than two years. It is considered an expedited form of probate.
• Formal Administration – involves an estate that does not qualify for Summary Administration in which a personal representative is appointed and the estate is fully administered.

Often, I hear a prospective client say that his or her loved one had a Will so why do they need probate.  Other times, I hear a prospective client say “I am named in the Will as the personal representative so why can’t I act on behalf of the estate?” The short answer is simply that – having a Will does not avoid probate.  Regardless of whether you have a last will or not, probate will be necessary if you die owning assets in your individual name without a named beneficiary (i.e. not in a trust, joint name, or another form for avoiding probate).  A last will only designates your personal representative or other fiduciary and identifies who is to receive your assets and the manner and timing in which they will receive your assets.  Until a court actually enters an order appointing you as personal representative of an estate, you have no power to act on behalf of the estate.  Also, until the probate process is concluded, title to your assets cannot pass to your named beneficiaries. 

Christina Hebert Law can assist you in formulating a plan to avoid probate.   Sometimes, however, even with the best intentions, probate becomes necessary, either because a loved one fails to fund his or her trust, sets up a new account without naming a beneficiary, or an asset is completely overlooked.  In that case, Christina Hebert Law can also assist in the administration of your loved one’s estate.  For a Florida probate attorney, call Christina Hebert today (813) 240-2468 or simply complete the online form below.

GUARDIANSHIP

Guardianship is the legal process where a court oversees the guardianship of a person or the person’s property.  A guardianship can be established for an adult when the adult lacks the capacity to care for themselves or their assets.  A guardianship can also be established for a minor child in the event both of the child’s natural parents should predecease the child.  In cases in which a child inherits assets or receives a settlement where the value of the assets or settlement exceeds $15,000.00, Florida law require a guardianship to be set up for the minor to protect the funds, regardless of whether a natural parent of the child is living. 

With proper planning, a guardianship of an adult may be avoided if the person’s needs can be met through less intrusive means.  This is accomplished through the preparation of documents that are alternatives to guardianship, such as trusts, durable powers of attorney, designations of health care surrogate, and living wills.

If you believe a loved one requires a guardianship, call Florida guardianship attorney, Christina Hebert, today (813) 240-2468 to set up an appointment or simply complete the online form below.

TRUST ADMINISTRATION

Trust administration is the management by a trustee of assets held in trust for the benefit of designated beneficiaries.  Trust administration not only involves managing the trust assets, but it also involves making decisions regarding the timing and amount of distributions to beneficiaries, filing tax returns, preparing trust accountings, and making investment decisions.  Often, the person who establishes the trust, known as the grantor/settlor of the trust, will designate a relative to serve as successor trustee of the trust.  This can be overwhelming for the relative who has little experience with investments or trust accounting.  If you are a trustee or beneficiary of a trust, you may require the services of an attorney.  Florida trust administration attorney, Christina Hebert, can assist a trustee in carrying out his or her fiduciary duties and can advise a beneficiary of his or her rights under the trust agreement.