FEATURES & NEWS

Estate Planning

Estate Planning for Minors

Estate Planning for Minors in New York At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law,

Read More »
Estate planning at different ages
Estate Planning

Estate planning at different ages

Estate Planning at Different Ages At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law, wills, and

Read More »
Probate litigation
PRACTICES

Probate litigation

Probate Litigation: New York Probate Lawyer Dealing with the loss of a loved one is challenging enough without the added stress of handling their estate.

Read More »
Inheritance Dispute
PRACTICES

Inheritance Disputes

Inheritance Dispute Lawyer in New York Inheritance disputes can be highly complex and emotionally charged, particularly when family members are involved. If a loved one

Read More »
Will contest
PRACTICES

Will Contest

Will Contest Lawyer in New York Challenging the validity of a will can be a complex and emotional process. At Morgan Legal Group, located in

Read More »
Guardianship Proceedings
PRACTICES

Guardianship Proceedings

New York Guardianship Proceedings Guardianship proceedings are crucial in protecting the rights and assets of incapacitated individuals. In many cases, an incapacitated person may fall

Read More »
PRACTICES

Accounting

Navigating Estate Litigation and Trust Administration in New York Estate and trust administration issues can be complex, especially when dealing with asset accounting and managing

Read More »
Estate Litigation Law
PRACTICES

Estate Litigation Law

Expert Estate Litigation in New York with Morgan Legal Group Estate litigation involves numerous challenges, particularly when you’re coping with the loss of a loved

Read More »
Trust Reformation
PRACTICES

Trust Reformation

New York Trust Reformation Lawyer Trust reformation is a complex process that involves modifying a trust to correct issues and ensure it aligns with the

Read More »
Spousal right of election lawyer New York
PRACTICES

Spousal Right of Election

Spousal Right of Election in New York Understanding the spousal right of election is crucial for protecting the inheritance rights of a surviving spouse. At

Read More »
Real Estate Partition Action
PRACTICES

Real Estate Partition Action

Real Estate Partition Action Real estate partition actions can be complex and emotionally charged, particularly when multiple parties own property and cannot agree on its

Read More »
Protection of Beneficiary Rights
PRACTICES

Protection of Beneficiary Rights

Protection of Beneficiary Rights Ensuring the rights of beneficiaries is a critical aspect of estate planning and administration. At Morgan Legal Group, located in New

Read More »
Fraudulent Transfer Attorney
PRACTICES

Fraudulent Transfers

Fraudulent Transfer Attorney in New York Cases involving fraudulent transfers and undue influence in estate law can be complex and emotionally charged. These situations often

Read More »
Contested Powers of Attorney
PRACTICES

Contested Powers of Attorney

Contested Powers of Attorney in New York A power of attorney (POA) is a crucial document that grants legal authority to another party (agent) to

Read More »
Estate Litigation
PRACTICES

Estate Litigation

Comprehensive Estate Litigation Services by Morgan Legal Group At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder

Read More »
Real Estate Litigation
PRACTICES

Real Estate Litigation

Comprehensive Real Estate Litigation Services by Morgan Legal Group At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship,

Read More »
Fireworks laws NY
Estate Planning

Fireworks Laws

Understanding Fireworks Laws in New York At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law, wills,

Read More »
Family Law
PRACTICES

Family Law

Comprehensive Family Law Services at Morgan Legal Group At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder

Read More »
Divorce Practice
PRACTICES

Divorce

Understanding Divorce in New York Divorce is the legal dissolution of a marriage by a court. In New York, divorce can be complex, involving various

Read More »
What is Credit Life Insurance in New York 2024?
Estate Planning

What is credit life insurance?

What is Credit Life Insurance in New York 2024? At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship,

Read More »
Life Insurance and Probate
Estate Planning

Life insurance and probate

Life Insurance and Probate: Understanding the Connection At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law,

Read More »
How to make good estate plans
Estate Planning

How to make good estate plans

How to Make Good Estate Plans in New York 2024 At Morgan Legal Group, located in New York City, we specialize in estate planning, probate,

Read More »
The Importance of Estate Planning in New York
Estate Planning

Importance of estate planning

The Importance of Estate Planning in New York At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder

Read More »

Introduction

Probate is a legal process that occurs after an individual passes away, during which their assets are distributed to beneficiaries according to their will or state law. In Miami, Florida, the probate process can be complex and time-consuming, making the role of a probate attorney crucial. At Morgan Legal Group PLLP, we understand the intricacies of probate law in Miami and offer comprehensive legal services to guide individuals and families through this challenging process. In this blog, we will delve into all aspects of probate in Miami, Florida, providing a detailed overview of the probate process, common probate issues, and the benefits of hiring an experienced probate attorney. Whether you are an executor managing a loved one’s estate or an individual planning your own estate, this guide will offer valuable insights to help you confidently navigate probate.

Understanding Probate

What is Probate?

Probate is the legal process through which a deceased individual’s assets are distributed to their beneficiaries and heirs. It involves validating the deceased’s will (if they had one) and resolving any claims or disputes against the estate. The probate court oversees the process to ensure that the deceased’s wishes are carried out, and debts are paid.

When Does Probate Occur?

Probate occurs when an individual passes away with assets in their name alone and without a valid living trust. If the individual had a will, the probate court will validate it and ensure that the estate is distributed according to its terms. If there is no will, the court will follow the state’s intestacy laws to distribute the assets.

The Probate Process

1. Filing the Petition

The probate process begins with filing a petition with the probate court. If there is a will, the executor named in the will usually files the petition. A family member or other interested party may file the petition if there is no will.

2. Validating the Will

If there is a will, the court will review it to ensure it meets the legal requirements for validity. The court will also determine if the will was executed voluntarily and without undue influence.

3. Appointing an Executor

The court will appoint an executor (also known as a personal representative) to manage the estate. The executor’s responsibilities include collecting assets, paying debts and taxes, and distributing assets to beneficiaries.

4. Notifying Creditors and Beneficiaries

The executor must notify creditors of the deceased’s passing and publish a notice in a local newspaper to inform potential creditors. Additionally, beneficiaries named in the will and legal heirs are notified of the probate proceedings.

5. Inventorying and Appraising Assets

The executor is responsible for taking an inventory of the deceased’s assets and having them appraised to determine their value.

6. Paying Debts and Taxes

Before distributing assets to beneficiaries, the executor must pay off any outstanding debts, including taxes and final expenses.

7. Distributing Assets

After all debts and taxes are paid, the executor can distribute the remaining assets to the beneficiaries as outlined in the will or according to state law if there is no will.

Common Probate Issues

1. Will Contests

Will contests may arise when a beneficiary or heir challenges the validity of the will, claiming that the deceased was not of sound mind when creating it or that it was executed under duress or undue influence.

2. Intestate Succession

When an individual dies without a will, their assets are distributed according to the state’s intestacy laws. Intestate succession can lead to disputes among family members over the distribution of assets.

3. Creditor Claims

Creditors have a limited time to file claims against the estate to collect outstanding debts. Resolving creditor claims can delay the probate process.

4. Estate Mismanagement

An executor may face allegations of mismanagement if they mishandle the estate’s assets or fail to carry out their duties properly.

The Benefits of Hiring a Probate Attorney

Expert Guidance

Probate attorneys deeply understand Florida’s probate laws and can guide you through the process, ensuring all legal requirements are met.

Efficiency

An experienced probate attorney can expedite the probate process, minimizing delays and ensuring the estate is distributed as quickly as possible.

Most Popular: