Elder Law > Probate/Estate Administration

When a loved one dies, that individual's property, or his or her interest in property (broadly defined to include personal effects, money, accounts, and real property), must be retitled to those who inherit. The failure to properly account for and retitle assets can result in problems for those who administer the estate as well as the estate's creditors and the ultimate beneficiaries. One of the mechanisms to retitle assets at death is referred to as probate. Probate is the court supervised administration of an estate. Some type of probate is generally required when someone dies owning an interest in property, whether or not the individual had a will. The Elder Law Department of McConnaughhay, Duffy, Coonrod, Pope and Weaver, P.A. is prepared to help our clients understand the circumstances in which probate is appropriate, the type of probate needed, the steps to be taken, and the various rights and duties of the parties involved.

Probate and estate administration are frequently misunderstood, and it is not unusual for individuals suddenly thrown into the process as a personal representative, creditor or beneficiary to be concerned about timing and cost. The firm's Elder Law Department can help allay these concerns. The attorneys and staff dedicated to probate and estate administration understand the complexities of the process and are prepared to represent any party in estate administration in an expeditious and cost effective manner without sacrificing attention to detail or quality.

Although infrequent, disagreements do arise that cannot be resolved without further action. The firm has the experience and ability to assess, analyze, institute, defend, negotiate and litigate will or trust contests, creditor issues, and disputes among beneficiaries. If necessary, the appellate department of the firm can take a case through any level of appellate review.

The firm's Elder Law Department understands the emotional climate and family issues that arise when someone dies. Florida law requires that the original will be filed within ten days of death. This typically allows the family to complete services for the deceased before contacting legal counsel. The original will, if any, and a certified copy of the death certificate will be needed to proceed with any form of estate administration. We recommend calling the Elder Law Department within the first week and asking to speak with a probate paralegal who can provide initial instructions about how to proceed.

Mary L. Wakeman, Esquire
mwakeman@mcconnaughhay.com
P.O. Drawer 229
Tallahassee, Florida 32302
Phone 850.222.8121
Fax: 850.222.4359

Elder Law