Boca Raton Probate Lawyers
Our Boca Raton probate lawyers have helped hundreds of families throughout Florida with probate administration. We understand the difficulty our clients go through after losing a loved one, and strive to make the Florida probate process as easy and stress free as possible. If you need a probate lawyer in Boca Raton, call a Florida probate attorney at the Law Offices of Jason Turchin today for a free consultation. We represent many families whose loved one lived in Boca Raton, but they live out of State or in a different city in Florida. Call us today at 800-337-7755 for a free consultation if you have questions about Boca Raton probate administration.
After Boca Raton, Florida property owners die, their death may initiate a process which is referred to as probate. During the probate process, a person’s assets are distributed to heirs of the estate under the supervision of the court. While probate can be quick and simple, it also has the potential to take a substantial amount of time and to be particularly drawn out. While a simple estate proceeds through probate in a few months, more complicated estates can take years to do so. To navigate these matters, it is often a wise idea to obtain the assistance of an experienced Boca Raton probate attorney.
Understanding the Different Types of Florida Probate
The death of a person in Florida creates a legal entity that is referred to as an estate, which contains both the deceased person’s assets as well as debts. The probate process settles both of these types of finances. It is important to understand that while many estates pass through probate, not all do. Some of the most common types of probate include the following issues:
● Ancillary probate vs. domiciliary probate. Domiciliary probate is a type of probate that occurs when a deceased person’s assets are located in Florida and the deceased individual was located in Florida. Ancillary probate generally applies when a deceased person’s main assets and estate are opened in one place, and they have property located in Boca Raton, Florida. In that case, our Boca Raton probate lawyers would seek to open an ancillary probate to secure the assets for the estate.
● Formal administration vs. summary administration. When estates in Florida are worth less than $75,000 or a deceased individual has been dead for greater than two years, a person’s estate qualifies for a shortened type of probate referred to as summary administration. If an estate does not qualify for summary administration, it will generally proceed through formal administration.
● Probate vs. non-probate assets. Only assets that are solely owned by the deceased individuals at the time of their death generally pass through the probate process. This means that jointly owned assets do not pass through probate.
● Wrongful Death probate administration. When a person dies as a result of medical malpractice, a fatal car accident, crime, or other wrongful death accident, an estate is generally required in Florida to pursue the claim on behalf of the survivors.
The Rights of a Surviving Spouse in Florida
Surviving spouses in Florida are often able to receive their share of a deceased individual’s estate even if that person is not explicitly provided for in a will. If a will was made while a couple was married, a surviving spouse is able to receive an elective share of the deceased spouse’s estate, a life interest in the couple’s primary residence, and a family allowance of up to $18,000.
Common Florida Probate Disputes
There a number of different ways in which probate disputes can arise, but some of the most common types of arguments include the following:
● Elder abuse. Many elderly individuals are particularly susceptible to abuse and exploitation. Financial exploitation can result in beneficiaries not receiving any compensation at all, or in some situations can even lead to beneficiaries being entirely written out of wills.
● Breach of fiduciary duty. Fiduciaries include anyone who has a legal duty to other beneficiaries of an estate. When a fiduciary fails to meet their duties, it is very common for beneficiaries to experience financial harm.
● Will contests. Wrongdoing in associated with the creation of a will often results in will contests in probate court. Some of the ways in which people are known to argue that a will is invalid include lack of mental capacity, undue influence, duress, and fraud.
Speak with an Experienced Florida Probate Attorney
Our Boca Raton probate lawyers have substantial experience helping people navigate the numerous complex issues that can arise with probate disputes. Contact our law office today to speak with an experienced attorney who can help make sure that your probate case is resolved in the best possible manner. We can be reached at 800-337-7755 for a free consultation.