If a resident of Florida passes and away and you have been named as an heir or beneficiary in their Will, or have been named as an personal representative of their Will, you may have questions, or need assistance. Finnell Legal can help.
In Florida, an estate is settled through probate under the supervision of the court. A Personal Representative for the estate, who is either designated through a Will or appointed by the court, is given the legal authority to gather the assets of the deceased in order to pay outstanding bills and taxes, and distribute assets to the heirs or beneficiaries. This representative is also authorized to utilize the estate’s assets as they see fit in order to meet any creditor claims against the estate, which could mean selling assets that are otherwise promised to heirs in a Will.
In the case of a person passing without a Will, or intestate, Florida probate law will decide who qualifies as the heirs of the estate through the laws of descent and distribution, and will distribute assets accordingly.
Issues during the probate process can arise if there is an absence of a Will, if challenges to the validity of a Will are brought forth, or if an heir or beneficiary questions how the estate’s administration is being handled and a request for an adversary proceeding is filed with the probate court.
If you have been named as the Personal Representative of an estate, or have been named as an heir or beneficiary, and you have questions about the probate process and distribution of property for an estate, contact Finnell Legal today.