Losing a loved one is often an overwhelmingly emotional experience. And dealing with their estate can easily be one of the most stressful endeavors an individual undertakes in their lifetime. At The Grantham Law Firm, we have helped thousands of clients navigate through the Probate process with compassion and care. Our staff has the experience, skill and desire to represent you in your Probate Estate Administration and Trust Administration matters.
There are three general stages of Probate:
Validating the Last Will and Testament, or stipulating that there is no Will, and appointing a Personal Representative (aka an “executor” in other states);
Inventorying all of assets of the estate and identifying actual and potential creditors of the estate; and
Disbursing the remaining assets to the identified beneficiaries or heirs in accordance with the Last Will and Testament, or with Florida’s Intestacy statute.
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Regardless of whether there is a Will or not, the first step in the Probate process once the estate has been opened, is locating or identifying any and all assets associated with the decedent in order to determine how the assets are titled as that will dictate how the assets are to be distributed.
Under a Durable Power of Attorney, an agent may perform any acts
specified in the document and any acts “reasonably necessary to give
effect to the specified acts.” Acts delegated to an agent may include:
Non-probate assets that pass via joint ownership, rights of survivorship or via beneficiary designations;
Probate assets controlled by the Last Will and Testament or Florida’s Intestacy statutes; or
Trust assets controlled by a specific Trust document.
After the death of a loved one, it’s easy to forget about and/or be overwhelmed by the process of settling the decedent’s estate, especially if there are a number of potential creditors or debts that may be looming. This is where working with an experienced and knowledgeable Probate attorney can help.
Inherently different from the Probate Administration process, Trust Administration is the management of Trust assets for the benefit of the Trust’s beneficiaries in accordance with the terms of the Trust. Trust Administration is usually carried out by an individual or entity referred to as the successor Trustee, who was nominated by the Trust Settlor to assume management and control of the Trust when the original Trustee becomes incapacitated or dies.
With over 60 years of combined experience in estate planning, the attorneys at The Grantham Law Firm has helped thousands of Florida residents craft the legal documents they need to manage their assets and guide any future probate process. One such instrument, the living trust, is an important option available to those who would like to avoid placing certain assets or resources into probate.