Contested Will Disputes, Property Distribution, & Estate Administration

By Marrero, Chamizo, Marcer Law, LP,

Probate Lawyer Miami

No one really wants to talk about what will happen when they pass away. But while it may be a difficult topic for discussion, it can provide a great sense of relief when faced with the inevitable. According to an article from the Wall Street Journal, you should be sure to have 25 estate planning documents in order, and tell your loved ones where you keep them. More particularly important is a will, Letter of Instruction, and Trust documents. Otherwise, any money or property left after death may join the Billions of Dollars in unclaimed assets and bank accounts held by the state treasurers.

Managing a loved ones money or property after their death is certainly not an easy task. Especially, when they did not leave a will to document their wishes. In Florida, a probate process is required whenever assets were solely owned by an individual at the time of their death even if a valid will is available. However, it is not required when assets automatically transfer after death. This would include assets that indicate a designated beneficiary such as a life insurance policy. This court-supervised process ensures that all debts left behind are paid off and that all other financial matters are properly concluded. More importantly, it will ensure that assets properly pass on to the correct beneficiaries. Determining which assets are subject to Probate can be a complicated matter. That’s why it’s necessary to retain an experienced Probate Lawyer Miami Attorney.

When Do Probate Proceedings Apply in Florida

Probate proceedings in Florida will apply in two situations: (1) when the deceased individual was a Florida Resident with assets in Florida and (2) when a deceased individual was not a Florida Resident but owned assets in Florida. Disputes between loved ones of a deceased can often arise during the probate process. Especially, over objections or claims involving the estate (money or property) of the deceased. Under Florida Law, heirs, beneficiaries, and interested parties to an estate have 90 days from a Notice of Administration to file a lawsuit contesting a will. In Florida courts, a will is frequently challenged for several reasons including:

  • objections to how a will is interpreted
  • determine rightful beneficiary’s/heirs where there is no will or immediate family
  • objections to the actions of an appointed personal representative for failure to properly administer the estate
  • objections to the accounting of the estate

Hire Our Probate Lawyer Miami Attorneys Now

If you are a beneficiary to a deceased person who left behind money or property in Miami, with or without a valid will, it is extremely important that you retain an experienced Probate Lawyer Miami Attorney. You will neean expereinced legal professional to help you through the court process and to protect your interest should any claims or disputes arise. At Marrero, Chamizo, Marcer Law, LP our Miami Probate Attorneys are ready to stand by your side and provide you the effective legal guidance and representation you deserve during any stage of the Florida Probate process. We are a Miami Law Firm with trusted Miami Lawyers with over 30 years of legal experience. A proud Better Business Bureau A+ Accredited Business. Contact our Probate Lawyer Miami attorneys to learn more about estate planning or probate law in Miami. We are conveniently located at 3850 Bird Rd, Miami, Flordia. Just steps from the City of Coral Gables, between Ponce De Leon Boulevard and Douglas Road, off Bird Road. The First Visit is Free!