Orlando Florida Probate and Estate Planning. Living Wills, Testamentary Gifts and Documents, Trusts or Probate and Estate Issues? Call Us To Walk Your Family Through The Process (407) 408-0494
The Modarres Law Firm counsels individuals and families concerning all of the legal aspects of their personal and financial planning. Our clients range from young couples starting families to senior citizens enjoying retirement.
When you hire us to assist you with your estate planning, The Modarres Law Firm will begin by gathering as much information as we can about you–your goals, your assets and obligations and any special needs you have. Then we fully explain the different estate planning strategies and the advantages and disadvantages of each, including the use of dispositional documents such as wills and trusts, the re-titling of assets to avoid probate, and the implementation of lifetime gifting. Once you have selected a strategy, we will prepare and execute all the documents required to establish your estate plan, including
- Living and testamentary trusts
- Revocable and irrevocable trusts
- Charitable trusts
- Special needs trusts
- Powers of attorney
- Living wills and health care surrogacy documents
If you have a family member who is either incompetent or is underage without a parent, we can help you establish a guardianship, whereby the court will appoint a responsible adult to act in the best interests of that person, known as the ward. We will counsel with all potential applicants file any necessary papers, seek and obtain the appointment of a guardian and advise the guardian regarding how to protect the interests of the ward. We will also handle any annual filings and make certain the guardian complies with all legal requirements.
The Probate Process in Florida
Probate is a process that takes place in Florida courts. It is important to have an attorney who is experienced with the entire system and knows what steps you must take in order to properly administer an estate. The steps involved with probate include:
- Petitioning the court
- Notifying the parties involved, including beneficiaries and creditors
- Identifying and inventorying all assets of the estate
- Collecting the required payments due to the estate
- Paying creditors
- Distributing the property of the estate
Attorneys at The Modarres Law Firm know the probate laws in Florida and can inform you of the correct actions to take. If you are from out-of-state and have probate concerns in Florida, we can also be of assistance.
Probate litigation generally centers on the validity of the will and the nature of the circumstances under which the will was created, as well as a potential breach of fiduciary duty. There is a very short timeline during which you can contest a will, if you suspect there was inappropriate procedure. Generally, you only have 20 days in which to file an objection.
There are few reasons that serve as grounds for contesting a will or estate. They include:
- Incapacity as far as estate being able to make a will
- Fraud a trickery in execution of estate planning documents
- Undue influence in executing estate planning documents
- Duress in executing estate planning documents
Types Of Probate In Florida
The Modarres Law Firm in Orlando, Florida can guide you through the probate process, managing all parts of the administration. We have experience with the following types of probate:
- Formal administration — Probate of a Florida estate with assets of $75,000 or more
- Summary administration — Probate of a Florida estate with assets of $75,000 or less
- Testate — Probate of an estate with a will
- Intestate — Probate of an estate without a will
- Ancillary — Probate of property in a state other than the state where the decedent lived
- Out-of-state — Probate of an estate in Florida with heirs, beneficiaries or personal representatives who live in another state
- Probate for resident aliens and non-U.S. citizens — Probate of property in Florida owned by resident aliens or non-U.S. citizens
- International probate — Probate of property in Florida owned by an individual in a foreign country or probate of property in a foreign country owned by a Florida resident
Rights During Probate
The probate process is a public affair. All court records remain open to the public and beneficiaries can easily access these documents to see the size of the estate. Our firm will help you establish what rights other parties have towards the estate you are administering and show you how to correctly respond to each unique situation. The Modarres Law Firm can help you through this process and protect your rights and interest during probate.
Land must be probated in the location, usually the county, where it exists. A common situation involves the death of a person who lives in a state other than Florida but whose assets include real property in Florida. The descendant’s main or domiciliary estate is usually handled where the person died. However, if there is real estate in Florida that belonged to the descendent, whether it be a house, a condominium or even raw land, that Florida real estate must go through probate in the particular Florida county in which it is located. This Florida Probate proceeding is an ancillary administration.
Testate And Intestate Estates
During probate, the estate’s assets are gathered, the debts are paid and the assets are divided. When there is a will, the assets are divided and distributed to beneficiaries according to the will. Unless the assets are complex or there are concerns about the validity of the will, this is typically a fairly straightforward process.
If the decedent died intestate (did not have a will), the assets are divided and distributed according to Florida law. In these cases, you may need a lawyer to help you value and distribute the assets. We will ensure that you comply with Florida law during this process. We can also help you resolve any disputes that arise between family members or other possible heirs.
For estates with assets of $75,000 or less, formal administration may not be necessary. If the family agrees on the asset distribution, we can petition for summary administration. This option is faster and less expensive than formal administration. Please speak with our attorney to learn whether summary administration is possible in your case.
Complex Will, Probate and Trust Litigation in Orlando, Florida
At The Modarres Law Firm, we will gladly assist you with any of the following issues:
Seek an Experienced Orlando Will and Trust Lawyer
The administration of trusts and probating of wills in Orlando is serious, requiring the skilled hand of an experienced lawyer. It may seem like an arduous task, but you do not want to find yourself administering an Orlando trust, or involved in probating a will in Orlando. If you find yourself involved in a legal issue involving an Orlando will, contact us to learn more about how The Modarres Law Firm, an estate administration attorney in Orlando, can help you.
Residential and Commercial Real Estate
It is almost impossible to handle a will or trust contest, or complete an estate or trust administration without needing to sell or distribute residential or commercial real estate.
In addition to matters of will and trust contests, will and trust administration, and complex probate litigation, Florida lawyer Shayan Modarres can assist homeowners, investors, corporations and businesses complete residential and commercial real estate transactions. Real estate issues often arise in probate and trust matters.
Make sure you and your family are protected, call us now. (407) 408-0494.
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