Losing a family member is one of the most difficult experiences anyone can face. When you are grieving, the last thing you want to deal with is the complex legal process of settling an estate. At the Altman Law Firm, led by Jeffrey S. Altman, we understand the emotional and legal hurdles families in Aventura face during these trying times. Whether you are navigating a standard estate administration or dealing with a complex probate case involving a tragic accident or wrongful death, our team is here to provide compassionate, steady guidance.
Probate is the court-supervised process of identifying a deceased person's assets, paying off their debts, and distributing the remaining property to the rightful beneficiaries. In Aventura, these matters are typically handled through the Miami-Dade County court system. Florida law outlines different types of probate, such as formal administration and summary administration, depending on the value of the estate and how long it has been since the person passed away. Navigating the filing deadlines, notifying creditors, and managing estate assets can quickly become overwhelming without clear legal direction.
Sometimes, an estate must be opened not just to distribute assets, but to pursue justice. If your loved one lost their life due to someone else's negligence—whether in a severe collision on Biscayne Boulevard or a tragic incident elsewhere in South Florida—the estate may need to bring a wrongful death claim. Under the Florida Wrongful Death Act, a personal representative must be appointed to pursue claims on behalf of the estate and surviving family members. Our background in accident investigation and insurance negotiation allows us to seamlessly bridge the gap between personal injury litigation and probate law, ensuring the estate is properly established to seek accountability.
Aventura is a vibrant community, from the busy corridors near Aventura Mall to the quiet residential neighborhoods around Turnberry. But when tragedy strikes, the beauty of the city can feel distant. Our goal is to shoulder the legal burdens so you can focus on your family. We assist personal representatives with everything from gathering asset documentation to standing up to insurance companies in court when a trial is necessary. While every case is unique, we approach each one with the same dedication and respect for your family's legacy.
The timeline varies significantly depending on the complexity of the estate. A summary administration might take a few months, while a formal administration can take anywhere from six months to over a year. If the estate is involved in litigation, such as a wrongful death lawsuit, the process will naturally take longer.
No. Assets with designated beneficiaries, such as life insurance policies or certain retirement accounts, typically bypass probate. Similarly, property held jointly with the right of survivorship or assets placed in a living trust generally transfer directly to the intended recipients without court intervention.
Florida law requires a personal representative to be at least 18 years old, a resident of Florida, or a close family member if they live out of state. They must also have the mental and physical capacity to perform the duties and cannot have a felony conviction.
Generally, Florida law requires a wrongful death claim to be filed within two years from the date of the deceased person's passing. Because an estate must be opened and a personal representative appointed before a lawsuit can be filed, it is important to begin the legal process promptly.
Yes. When someone passes away without a will, they are said to have died intestate. In these situations, Florida intestacy laws dictate how the assets will be distributed, usually prioritizing a surviving spouse and children.
If you need guidance navigating the probate process or investigating a wrongful death claim in Aventura, contact the Altman Law Firm today to discuss your family's legal options. Call (305) 373-3730.