An individual’s assets must be distributed and their affairs must be settled after they pass away. Settling such affairs can include paying any necessary taxes, paying off debts, etc. The responsibility of handling these issues falls on the “personal representative” of the estate. Handling the estate can quickly become complicated. Problems can arise for both the personal representative or the heirs. If you are part of a Florida estate then it is strongly suggested that you have an experienced attorney to assist you. Lindsey Gardner Shneyder is a Melbourne probate lawyer who assists with matters involving a will. If you are in need of assistance then contact us online or by telephone today for an initial appointment.
Attorney for Florida cases involving the probate of a will
A last will and testament will typically dictate whom is to serve as the estate’s personal representative (also known as the “executor”). The probate process will begin when this individual files the last will and testament, and the necessary Petition, with the Probate Division of the Circuit Court. Florida law requires that this occur within ten days of the deceased passing. Notice of the proceedings must be provided to “interested parties.” These include heirs, potential heirs, and creditors. If there is a challenge to the validity of the will then then Court will be required to decide the issue before probate may proceed.
The executor will be charged with creating an inventory of all assets and debts contained within the estate. They will be required to settle any outstanding bills, file any necessary tax returns, and distribute proceeds to the heirs. It is possible during this time to negotiate the amount to be paid to creditors, and to challenge the validity of any creditor claims. The executor has a fiduciary duty which requires him or her to act in the best interest of the heirs. This includes trying to maximize the amounts that are distributed to the heirs. Issues which often arise include whether or not to pay a creditor (and how much to pay), an executor who is failing in their fiduciary duties, or challenges from the heirs.
Lindsey is an attorney who handles Florida cases involving the probate of a will. She will use your initial consultation to review all relevant documents and to give you an honest assessment of the situation. She regularly assists personal representatives and also is available to assist heirs with making sure that their interests are protected. Lindsey will work to ensure that, to the extent possible, the estate is being distributed to the heirs and not to creditors. She will also ensure that all procedures are being followed and that the case is moving through the system as smoothly as possible. This includes ensuring that a personal representative is meeting all their fiduciary duties. Contact us online or by telephone today to schedule an appointment.
Melbourne lawyer working to ensure that probate cases are handled correctly
It is vital that probate cases be handled correctly from beginning to end. Mistakes in the process can result in the executor facing personal liability and being removed from the role. In some cases, errors can result in heirs having to return portions of their inheritance to the estate. Whether she is representing an executor or an heir, Lindsey will take steps to ensure that the process is being followed correctly. This will help to ensure that all parties involved can begin the important business of moving forward after a loss.
In addition to Melbourne, our lawyer also services Florida clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid. We are also able to virtually work with clients throughout the state.