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Posts tagged "estate administration & probate"

Do my debts go to my children after I die?

Like many Florida residents, you have done your estate planning carefully, so your loved ones will have an inheritance to enjoy after you are gone. Also like many others, you may have a moderate to significant amount of debt. Naturally, you would not want your children to inherit your debt in addition to their inheritance. Will your family members be on the hook for your outstanding debt after your death?

Remarriages and asset protections

Whether you have been divorced or widowed, if you now find yourself happily connected with a new partner, you may well be considering getting remarried. While certainly remarriages are no longer uncommon in Florida and they can definitely be extremely happy and fulfilling, they can also come with some unique issues to address. Among these issues is proper estate planning, especially if one or both partners has children and possibly even grandchildren already.

What challenges do my parents face as they age?

When you are coming to terms with your parents' mortality, getting their estate affairs in order and protecting them from financial abuse are priorities. However, you and other Florida residents with aging parents may also be concerned about their emotional and physical well-being. For many, the challenges during the golden years can lead to depression and isolation. You and your relatives may play a vital role in helping your parents age with dignity and continue to feel useful and important to the family.

Musician at odds with former bandmate's estate

One of the main responsibilities that comes with administering an estate in Miami is answering any claims made against it. This can include action taken by creditors to try and collect debts, or it may be legal action initiated by a decedent's former associates. Upon one's death, his or her personal representative takes control of his or her affairs as he or she stipulated. Thus, any contracts or agreements one entered into while alive must be now recognized and enforced (or, in certain cases, challenged) by his or her estate. 

What happens if you die without a will?

If you are a Florida resident who has not yet made a will, you probably will be shocked to discover that the state of Florida has made one for you – sort of. The Florida Bar explains that if you die without having made a will, you are considered to have died intestate and your probate assets will be distributed according to Florida law.

How can I keep my loved ones from fighting over my estate?

Like other Miami residents, you only want the best for your loved ones. This includes preserving family harmony after you have passed on. It is only natural to hope the future generations of your family will get along and be close long after you are gone.

What is a probate curator?

As the probate process begins for the estate of your loved one in Miami, you will likely immediately learn of the importance of a personal representative. A personal representative is the one appointed (either by your loved one in his or her will, the court, or your own nomination) to oversee the administration of the estate. Yet a personal representative's authority is not automatic; it must first be granted by the court through the issuance of letters of administration. As that process is taking place, you may question who is managing your loved one's estate. 

Daughter and father's girlfriend at odds over his will

It is likely well known among most in Miami that the effects of advancing age can often leave people with a diminished mental capacity. It is at this time that they rely heavily in others (such as spouses, family members or caretakers) for their daily needs. While such service is often valued by other family members and friends who may not have the time to offer it themselves, the motives of those who provided it is often questioned if it appears that the recipients treated them favorably in their wills. Accusations of caregivers exercising undue influence over those nearing the end of their lives may be common in such situations.

Grieving mother left to deal with complex affairs of son’s estate

In a perfect world, Miami residents would see to their estate planning early on in life so that their family members and friends are not left scrambling to handle their affairs once they are gone. However, oftentimes people (especially younger adults) do not have the knowledge needed to effectively prepare their estate planning instruments, and little time to dedicate to acquiring it. Thus, it is something that often gets put off until tomorrow. Yet in the event that tomorrow does not come with them, their immediate may left to deal with not only their estate affairs, but also the aftermath of what may have caused their untimely deaths.

Beneficiaries questioning administrative costs of estate

Estate administration can often become a contentious affair, even when Miami residents have done their due diligence in preparing wills prior to their deaths. Particularly in cases involving a high volume of assets, those who believe that they may have an interest in an estate may contest documents and ask that rulings be revisited at seemingly every turn, thus prolonging the administration process for years. Such long, drawn-out legal battles can take a heavy toll on an estate’s assets.

What Our Clients Are Saying

  • It is difficult enough to cope with the emotional challenges of closing a parent's estate, and when you are also faced with the issue of your parents having insufficient documentation, and being remote from your siblings… - Zara L.
  • Austin Frye provided legal services to my father while alive and to his estate after his death; when showing the EP docs his firm prepared to other professionals (lawyers, financial advisors, accountants)… - Mark S
  • I've been a client of Austin Frye's for over 10 years. In that time, he's handled my estate/trust planning and asset protection as well as complicated business deals. - Leslie
  • Mr. Frye recently set up a complicated special needs trust for my son and, as usual, did a great job explaining it and in putting our minds at ease about our son's future well-being. - Dr. Howard
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  • Florida Bar Elder Law Member
  • Academy Of Florida Elder Law Attorneys
  • Florida bar Business law Member
  • NAELA National Academy of Elder Law Attorneys, Inc.
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