Have Questions About Probate In Florida?
Nicole Morris began The Law Office of Nicole C. Morris, P.A., in 2008, with a mission to provide comprehensive estate planning and probate services that people can rely on, coupled with an attorney who respects their emotional needs. She goes above and beyond to deliver extraordinary service to her clients. 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.
Who Will Get My Loved One’s Property?
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.
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.
Our office is available to help families across Florida. We regularly aid individuals in managing complex estates, including complex estates of part-year residents and retirees with multi-state holdings. Schedule a time to talk with our estate lawyer today.