Port St Lucie Trust, Estate Planning, Will and Probate Law

How to Handle Debts During the Probate Process

Hiring the right probate lawyer can be the difference between a smooth estate administration and a nightmare. Mistakes can exacerbate the already stressful process of resolving the affairs of a decedent.

Every lawyer’s job is to educate their client about the law that applies to their case, to present the case to the court, and to secure the best possible result under the applicable law. Most probate cases are uncontested, meaning that there is only one correct outcome under the law. Your probate lawyer’s first job is to understand Florida law and correctly determine who is entitled to the decedent’s assets. This is where many inexperienced attorneys make mistakes.

Once the correct beneficiaries and heirs are identified, the lawyer’s job is to draft the appropriate pleadings depending on state statutes and the local requirements of the county’s circuit court. The lawyer must then send the appropriate notices to interested parties before submitting proposed orders for the judge to sign. If anyone objects to the probate administration, the attorney must advocate on behalf of their client and explain to the court why the probate administration is proper. Specific examples of potential objections and probate litigation will be discussed in a future post.

If you have lost a loved one who either was a resident of, or owned property in the the State of Florida, and need assistance with Florida Probate, CLICK HERE, to schedule a consultation with a Florida Probate Attorney.

We serve clients throughout Florida, including, but not limited to, those in the following localities: Alachua County including Alachua, Archer, Gainesville, Hawthorne, High Springs, and Newberry; Bay County including Panama City and Panama City Beach; Broward County including Deerfield Beach, Fort Lauderdale, Hollywood and Pompano Beach, Clay County including Lakeside; Columbia County including Lake City; Duval County including Jacksonville; Leon County including Tallahassee; Marion County including Ocala; Miami-Dade County, including Aventura, Coral Gables, Hialeah, Miami, Miami Beach, Miami Gardens, North Miami, North Miami Beach and Sunny Isles; Palm Beach County including Boca Raton, Delray Beach and Palm Beach, Putnam County including Palatka; Sarasota County including Sarasota; and Taylor County including Perry.

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Our Head Attorney
Genesis Law

Alecia C. Daniel, Esq. is licensed to practice law in New York, New Jersey and Florida for 15+ years. Born in New York and raised in New Jersey, I have resided in South Florida since 2010. Since 2010, I have represented lenders in Foreclosure and Bankruptcy actions throughout New York and Florida. In addition to creditors’ rights law, I also have extensive experience in litigation, real estate law, estate planning and probate.

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