The probate process in Florida consists of gathering, identifying, and disseminating a decedent’s assets upon their death. This includes paying outstanding debts, giving effect to wishes contained in the decedent’s will, and addressing any issues that arise with beneficiaries or will contests. The process is sensitive, detail-oriented, and time-consuming, and it often involves complex family dynamics. Understanding how to navigate probate is not always easy, especially if any litigation becomes necessary. Plantation probate lawyer Daniel T. Fleischer has assisted many families with understanding their legal rights and options following the passing of a loved one. He can also advise clients about estate planning issues as well other elder law concerns. Our firm maintains additional offices in Boca Raton and Miami, from which we assist people throughout South Florida.Probate
Florida recognizes two main types of probate processes: formal administration and summary administration. Formal administration is the more usual probate proceeding, while summary administration is available when the decedent died more than two years before or when the value of the decedent’s estate does not exceed $75,000. Florida also offers a third type of probate administration, called Disposition of Personal Property Without Administration, but this is available only in limited situations such as when the decedent did not own any real estate. A probate attorney in Plantation or the surrounding cities can advise you on which of these paths may be right for you. Probate is rarely straightforward, and you may have options beyond those that are immediately apparent.
Many people have questions regarding which assets must pass through probate. In general, all real estate, assets held in a living trust, and assets for which the decedent designated a beneficiary must be administered through probate court. Additionally, it is important to note that Florida requires any individual who is in possession of a will to file the will with the local court within 10 days after learning about the testator’s death. If the decedent set up an estate plan using trusts, however, probate may not be the appropriate route for administering their estate. And, in some cases, the decedent may have executed a will in addition to setting up a trust. A Plantation probate attorney can help you ensure that you navigate this system correctly and efficiently.Estate Planning
Many people have questions about their estate and about how to ensure that their wishes are carried out upon their death. A South Florida estate planning lawyer can assist you with determining how to protect your financial interests while ensuring that you comply with all of the necessary legal requirements. Two of the most common documents used in the estate planning process are wills and trusts. A will can be used to transfer property while avoiding some tax burdens. A trust is set up to take possession of an individual’s property while allowing them to still benefit from the assets. A trust is also usually a good way to avoid at least some of Florida’s probate requirements while designating individuals who will benefit from the assets in the trust upon the death of the person who created the trust. There are many different rules that apply to setting up a will or a trust to ensure that they are valid and enforceable documents.
Additionally, many Florida residents include a durable power of attorney in their estate plans to appoint someone to make decisions regarding their health and medical care in the event that they are unable to do so. Florida also recognizes a legal instrument called a living will, which is a formal document that details the drafter’s wishes in the event that they become terminally ill or lack the mental capacity to express their medical care wishes. If you are interested in preparing an estate plan or have questions about your existing plan, Attorney Daniel T. Fleischer is prepared to assist you.Elder Law
Florida’s elder law protections involve ensuring that elderly individuals’ health care needs and wishes are addressed as they continue to age. This involves a variety of legal measures designed to help protect an elderly person’s financial, physical, and mental well-being. This is especially important when the elderly individual suffers from certain illnesses like Alzheimer’s disease or dementia.
Additionally, if your elderly loved one is residing in a nursing home or receiving in-home care from a qualified professional, you may have some concerns regarding the treatment that your loved one receives. Nursing home facilities are held to strict standards and may be liable for certain injuries and conditions that residents may suffer while in the nursing home’s care. Moreover, elder law issues can also include applying for Medicaid benefits, which can be used to pay for assisted living costs or nursing home fees.Veterans Benefits
If you are a wartime veteran or the surviving spouse of a wartime veteran, you may be entitled to receive financial assistance to help with the cost of assisted living, nursing home expenses, or in-home assistance. This can make a significant difference in a region like South Florida, where the population continues to increase at a rapid pace. The Veterans Affairs benefits program can be confusing, especially if you are just learning about its features and requirements. Recipients of veterans benefits must be age 65 or older to receive benefit payments. They must have also served at least one day during a wartime period, which is defined quite broadly. If you have questions regarding veterans benefits or believe that you may qualify for these payments, contact us today.Consult an Experienced Estates or Probate Lawyer in the Plantation Area
When it comes to probate, many people feel reluctant to address these delicate issues and put off obtaining the information or assistance that they need until an issue arises or it is too late. Attorney Daniel T. Fleischer has assisted many families, individuals, and elderly people with understanding their legal interests during probate and in other contexts. We know how sensitive some of these issues may be and how important it is to you to protect your loved ones and preserve your wishes. Our clients come from throughout Miami-Dade, Broward, and Palm Beach Counties. To schedule a free consultation with a Plantation probate lawyer, contact us online or call us now in Plantation at 954-888-1747, in Boca Raton at 561-948-0415, or in Aventura at 305-984-7545.
Two words cannot sum up the entire process of creating my “trust.” I enjoyed your attention to detail, your patience of explaining terms and conditions until I understood, also giving me copies to read and understand. Thank you for your suggestions on what was best for “me” but still allowing me to make my choice. Most of all, thank you for thinking of “me.” Wells Fargo said “you were the best” I cannot deny that. Again thank you very much for everything. Anna is an asset or a compliment to the firm. She is warm and very caring. It was great doing business. Thank you.