Probate

probate-attorney-miami-patrick-gillesProbate is the legal process of distributing someone’s assets and property when they have passed. If there is a valid will, the probate court will oversee the administration of the estate by the executor (the person appointed to carry out the will’s instructions).

If there was no will, the probate court determines the will to be invalid, or the will didn’t cover all assets, the estate will be distributed according to Florida’s intestate laws. These laws assign inheritances based on how closely family members were related. Florida law requires an attorney during the intestacy process.

Our legal services include:

  • Filing the Will of the decedent with the local court and petition to appoint a personal representative(s) for the estate
  • Assessing the assets (debts) of the decedent’s estate
  • Informing creditors and other interested parties about the probate process
  • Providing legal counsel to the personal representative(s) about their responsibilities
  • Assisting with the payment of debts and tax obligations
  • Defense against claims of beneficiaries
  • Applying for a federal tax ID number for an estate or trust
  • Establishing Restricted/Unrestricted Bank Accounts for the estate
  • Sale of real estate (properties)
  • Distribution of the remaining estate assets according to the wishes of the decedent or direction of the personal representative(s)
  • Finalizing the estate process and filing all documents

Patrick Jean-Gilles understands the loss that a person may be facing during this time. Patrick offers special assistance to the underprivileged orphans and widows.

ROLE OF THE PERSONAL REPRESENTATIVE (EXECUTOR)

The personal representative is the individual appointed in the will by the decedent to administer the estate. The personal representative (executor) has obligations to anyone who has an interest in the estate. The executor must act in the best interests of the estate.

The executor various duties, including:

  • Creating an inventory of all assets of the estate
  • Assessing the assets
  • Collecting any payments (debts) owed to the estate and paying any debts owed by the estate
  • Filing and paying local, state and federal taxes
  • Distributing assets to the beneficiaries as stated in the will

If you need an experienced probate attorney near the Miami Springs, Miami Shores, North Miami Beach, Hallandale, Hollywood, Fort Lauderdale, Deerfield, Pompano, Delray Beach, Juno Beach, Orlando or any other surrounding areas of Miami-Dade, Broward, Palm Beach, or Orange Counties, contact Patrick Jean-Gilles, P.A. today.