Probate and Guardianship

Probate is a process,under the supervision of the court, to identify and account for the assets of one who has passed away. The process is used to pay expenses, taxes and other claims, and oversee the distribution of the assets to beneficiaries pursuant to the provisions of the descendent’s will or, if there is no will, according to the intestate succession laws.

While it can be intimidating, the probate process in Florida is not to be feared. Probate in Florida can be handled very efficiently by knowledgeable attorneys. As a firm, we use our entire staff of attorneys, paralegals and legal assistants to efficiently work through the court system and assist clients through this process. In most cases, clients do not appear in court, unless they choose to attend. In most probate administrations, the filing of an accounting can be waived by all beneficiaries. This helps reduce the expense of having to prepare and file it with the court. When not waived, we provide accountings to the beneficiaries so that they are knowledgeable of all financial facts and circumstances of a probate administration.

In guardianship matters, the firm serves as attorney for guardians and guardians ad litem in all types of guardianship proceedings. We have had a great deal of experience working with trial firms needing an appointment of a guardian to proceed with a personal injury case. This includes guardianships of the person and property of minors, filing of petitions for incapacity and the appointment of a plenary or limited guardians of the person or property and settlement of claims. Our firm relieves plaintiffs’ firms from these matters so they do not have to deal with probate or guardianship filings. Guardianship cases can require annual administration. While this is sometimes an unanticipated expense, we are able to benefit clients by keeping this administration efficient.