A Seasoned Probate Lawyer Assisting Clients Throughout Florida And Beyond
Administering an estate or trust is a considerable amount of work, particularly for family members facing grief after the loss of a loved one. A knowledgeable lawyer can be instrumental in guiding you through the various steps of the estate and trust administration processes. At The Law Office of Nicole C. Morris, P.A., our attorney provides over 19 years of legal experience guiding families through probate and related matters. Our overarching goal is to complete the process as cost-effectively as possible. Our services include:
- Completing an inventory of assets
- Determining the value of assets
- Preparing applicable tax returns such as federal estate tax returns, state death tax returns and gift transfer tax returns
- Advising trustees and fiduciaries as to their legal responsibilities
- Assisting clients in meeting filing deadlines
Our lawyer handles both formal probate proceedings and summary probate proceedings. Further, if your loved one died without a will, our attorney can navigate the intestate succession process on your behalf.
Attorney Morris also represents beneficiaries. Her experience in this field includes negotiating settlements of estates, protecting beneficiaries’ rights and advising in contested matters.
Offering Fiduciary Services And Guidance For Trustees
Trusts can be an invaluable part of an estate plan, but they require you to choose a trustee. Every trustee has what is called a fiduciary duty. That duty requires a trustee to fulfill a number of important responsibilities such as:
- Distributing assets to beneficiaries
- Ensuring assets are invested in a prudent fashion
- Keeping accurate accounting records
- Filing tax returns
- Making regular reports to beneficiaries
These duties are complicated, in part because failure to adequately perform them can leave the trustee liable for breaching his or her fiduciary duty. In many instances, a skilled, savvy lawyer is the best person to serve as trustee, having the requisite skill and knowledge needed.
At The Law Office of Nicole C. Morris, P.A., our attorney regularly serves as a trustee, co-trustee, successor trustee or in an advisory capacity. If you have been named successor trustee, our law firm can assist you. She can perform these services on a temporary or permanent basis, depending on the needs of clients.
In many situations, some assets are distributed via a trust or other nonprobate means such as payable on death (POD) or transfer on death (TOD) accounts, while other assets are transferred through a will. Whatever your situation entails, our law firm will provide the guidance you need.
Be Wary Of Alternatives To Trustee Services
In Florida, there are numerous trustee services that claim to aid trustees in fulfilling their duties. In our experience, these services are often far too deferential to banks and are not as concerned with adhering to the grantor’s wishes. When serving as a trustee or when advising a trustee, our attorney’s sole objective is to manage the trust according to the terms set out by the grantor. She can intervene in all types of challenging estate disputes, including disputes among beneficiaries.
Have Questions About Probate In Florida?
Nicole Morris began The Law Office of Nicole C. Morris, P.A., in 2008. Her mission was to provide comprehensive and reliable estate planning and probate services while respecting and honoring the emotional needs of clients. She goes above and beyond to deliver extraordinary service. Whether this means traveling to you or working on weekends, Nicole is always one step ahead.
Below are some questions our clients ask us. The answers below are for your general use. Please keep in mind that any information below may be subject to change based on your individual case. For probate guidance, email our office today.
What is probate?
Probate refers to a complex set of laws meant to wrap up the affairs for deceased individuals, including transferring assets to heirs. Formal probate requires a personal representative to distribute the deceased person’s property in accordance with the wishes of the will – or in accordance with probate laws of Florida for those who have passed away without a will and estate plan previously in place.
What if my loved one owned Florida property but didn’t live here?
Ancillary probate administration is the process used when a resident of a state other than Florida dies owning real property in Florida. For example, your loved one may have owned a vacation home, a vacant lot or a time-share in Florida, and probate proceedings may have already commenced in the decedent’s state of residence. In order to pass the Florida real property to the heirs, a Florida probate proceeding must be commenced as well.
My loved one had property in multiple states? What do I do?
This is a very common issue in Florida probate. Each state has different probate laws. You will need to go through probate proceedings both in your loved one’s home state and the state where they have additional property. Our firm offers guidance to individuals managing the logistically and emotionally challenging moments in probate.
Who inherits when someone dies without a will or estate plan?
Probate law works on many of the intuitive principles you expect. When a person passes away with a will, that estate planning document spells out who will receive assets from the estate. In situations where a loved one dies intestate – or without a will – family members are generally the assumed heirs of the estate. The law defines the order of succession, beginning with spouses, other immediate family members and other relatives. The laws outline who are the heirs-at-law when a person passes away without a will. A loved one may have always said that an asset was going to be given to a beloved child, but probate laws may mean that the legal course of action bestows that property upon someone else if there is no estate plan in place. In these cases, probate, while intuitive, can be highly emotional and prone to a legal contest.
Contact The Law Office of Nicole C. Morris, P.A. For Personalized Guidance
Whether or not your loved one had a will, we are here to guide you every step of the way. We understand how to handle probate in Florida and for those who were not Florida residents. You can contact us online or call 561-855-0348 to schedule a consultation.
We are located in Palm Beach Gardens. We serve clients throughout the country who are dealing with Florida probate matters.