When an individual passes away, the individual’s estate enters into a legal process known as probate. While in Probate, the decedent’s debts and asset distribution are addressed in order for an estate to clear the probate process.
If a valid Last Will and Testament have been provided to the court, they will be reviewed, the contents of the Testamentary Will will be made known, and a specific period of time will be provided to allow family members or relevant parties to contest the will. Florida Law typically provides 90 days after the Notice of Administration has been provided by the Personal Representative, or 20 days in the event that Formal Notice of the probate proceeding is received before the will has been admitted to probate.
As a law firm providing experienced Probate Attorney – Lawyer legal services, assisting Kissimmee, St. Cloud, and Osceola County Florida area residents with Probate and Estate Planning legal issues, we are committed to protecting the legal rights of each and every client, while always striving to provide the highest standard of legal representation. Contact Kathy D. Sheive Attorney at Law by calling 407-624-5993 or by using our online submission form.
If debt is owed by the decedent, this may also be the best time to negotiate a reduced and reasonable settlement amount for the debt that is owed, or to formally dispute debt claims against the estate.
Many families do not find out that claims of debt against the estate exist until the estate of their loved one enters into probate. While many estates are able to clear the probate process without significant roadblocks, seeking professional advice and representation to handle Probate for your loved one’s estate gives you the advantage of effectively addressing any bumps road you may have to deal with in order to clear the estate through probate.
If you have questions, concerns, or legal needs regarding Probate and Estate Planning issues, we urge you to seek the legal advice of an experienced Kissimmee Probate attorney – lawyer at The Law Office of Kathy D. Sheive by calling 407-624-5993 to schedule a confidential legal consultation.
The probate process can be very detailed, involve many complex issues including, but not limited to:
- The content, validity, potential disputes, and execution of a decedent’s will
- Claims of debt against the decedent’s estate
- Potential allegations of Undue Influence of the decedent’s will, or claims of entitlement form those who have been left out of the will, or believe the estate is not being distributed fairly
- Estate Administration Issues
- Child Guardian Issues regarding the children of the decedent
- Asset and Property Distribution
- And many other relevant estate issues
Having a Last Will and Testament legally drafted gives you the ability to be as detailed as you see fit to ensure your wishes are clearly stated regarding estate matters or other relevant issues. In the absence of a Testamentary Will, the court will make rulings regarding the estate, and the potential for legal disputes over your estate and assets are significantly increased.
We urge you to address Last Will and Testament and estate planning issues so that your choices are clearly defined relating to circumstances which may occur while you are living and in the event of your passing.
If you require professional legal services regarding Probate and Estate Planning issues, be proactive in protecting your legal rights by seeking the legal advice of an experienced Kissimmee Probate attorney – lawyer. Contact Kathy D. Sheive Attorney at Law by calling 407-624-5993 or by using our online submission form.