Dealing with the passing or illness of a loved one is stressful enough, and dealing with the legal aspects of these situations increases that stress exponentially. That’s where we come in. The Miami probate attorneys at Graham Legal have a lengthy record of handling these kinds of cases, and have garnered great success for their clients along the way. More importantly, we understand the sensitive nature of probate law, and empathize with every person who walks through our doors. This empathy drives our dedication to giving you the best possible outcome for your case.
Our team will guide you through the probate process, and see you through any issues that may arise. We hold unmatched expertise in handling the following areas of probate law.
- Summary Administration. With a summary administration, there is no executor. Instead, the beneficiaries decide who inherits the deceased’s assets. This administration can be utilized for estates which are valued at less than $75,000, or for situations where the death occurred more than two years prior. The court must order the release of inherited assets, which may entail proving that you are the rightful inheritor of whatever you hope to benefit. For this, the help of an experienced attorney is invaluable.
- Formal Administration. If the will in question requires formal administration, the probate court will play a hand in each step of the execution process. This will require an executor or another individual to be deemed a personal representative of the estate by the court to pay off any of the deceased’s remaining debts. Once the debts are liquidated, the representative of the estate can distribute what is left to the appropriate beneficiaries. This process can take up to a year, and the guidance of a trusted probate lawyer will ensure that all goes smoothly.
- Guardianship. It is not uncommon for family members to disagree on the care of a loved one facing an illness, and sometimes, these differing opinions on the family member’s care require formal litigation. A Miami probate attorney can guide you through the process of appointing a suitable guardian, from incapacity proceedings all the way to removal of a guardian should that be called for.
- Wills. Wills are excellent tools for sorting out one’s affairs before passing, and usually, they do just that. However, if you have grounds to contest a loved one’s will, you have the right to do so within 90 days of its administration. Grounds for contesting a will may include: improper execution, a documented lack of capacity to establish the will at the time it was executed, establishment of the will under duress, or fraud. We will fight for your rights in court to ensure the wrongs involving the will are righted.
If you have questions about Florida probate law, the attorneys at Graham Legal are here to help. Call us today to get the representation and guidance you need to secure the best results in court.