probate & guardianship

It is always a devastating occurrence when you lose someone you love.  The prospect of picking up the pieces and moving on with your own life may seem daunting and a bit hollow.  XXXXX knows that during your period of mourning, the last thing that you want occupying both your mind and time is a protracted battle over a probate or guardianship issue.  Unfortunately, at a time when emotions are running high and nerves are frayed, ugliness can emerge over the assets left behind by the departed.  The assignment of what to whom can lead to disputes, and it is important that you consult an attorney that has proven skill in this arena.  XXXXX has over 25 years of experience with deftly handling issues in both the probate and guardianship territories.

The term “probate” is generally applied to the entire administration process of the estate of the dearly departed, including those that did not have wills.  More specific application refers to the legal process of proving the validity of a will and the consequent administration of the estate according to the recorded wishes of the deceased.  This area of the law is rife with minutia that may boggle the mind of a learned attorney, let alone a person still in the grieving process, however with XXXXX on your side, your worries immediately dwindle.  Mr. XXXXX is capable of pulling you out of the mire of legal-speak into the comfort of comprehension.  Because client interaction is one of our firm’s strong suits, you will fully understand both your case and your options, and thusly become a contributing member of your legal team.  There is a copious amount of jargon such as: “executor”, “administrator”, “personal representative”, “ancillary probate”, etc.  With the guidance of one of our seasoned attorneys, the process will become clear.

Some of the basic steps in probate are:

  • Collection, inventory and appraisal of all applicable assets for probate
  •  Paying various bills (taxes, estate expenses and creditors).  There is a stringent payment hierarchy in place, depending upon the state, so usually the order of payment is as follows: a.) costs of administration b.) Funeral expenses c.) Debts and taxes d.) all other claims
  • Formal assignment of estate property (in accordance with the will or by state laws of intestate succession (no will)

Guardianship” is the legal term applied to a situation created upon the death of a person, either in accordance with a will or by the determination of the court if there is a lack thereof; in this case, the person that was either named or assigned to become the legal guardian of a minor or incompetent adult.  When it comes to the welfare of children (or dependent adults), the law becomes exponentially more difficult to decipher in order to preserve and protect the well-being of the concerned parties, justifiably so.  The attorneys at the South Florida Law Office of XXXXX are well-versed in all of the finer points in this prodigious realm of law. After the death of a loved one, Mr. XXXXX knows how important it is to return to some semblance of a routine in order to expedite the healing process, especially that of a tender child or dependent adult.  This is a time that requires the unique combination of delicacy and tenacity that XXXXX utilizes on his clients’ behalf.

The mourning period subsequent to the death of a loved one or friend is a trying time.  It is natural to find it difficult to focus on much else other than your deep, personal loss; however, reality is unceremoniously thrust upon you, and you may find yourself in need of an attorney because of an issue concerning either probate or guardianship.  South Florida residents are fortunate to have
the mastery of XXXXX very easily accessible.  In the arduous time following the death of one of your dearest people, it is prudent to retain the counsel of an attorney that has an intimate familiarity with the law and how to expertly apply it to your advantage.  Contact the Law Office of XXXXX to arrange your consultation.  We can help relieve some of your burden.

*****this content was written for the attorneys’ website.


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