Navigating the loss of a family member is one of the most challenging experiences anyone can face. When that loss is sudden, perhaps due to a tragic accident on I-95 or a careless incident in a bustling Miami neighborhood, the emotional toll is often compounded by complex legal realities. In Florida, settling an estate or pursuing a wrongful death claim requires navigating the probate court system. At the Altman Law Firm, led by attorney Jeffrey S. Altman, we help families in Miami-Dade County manage the legal intricacies of probate and estates. Whether you are dealing with the aftermath of a fatal accident or need guidance through standard probate administration at the Miami-Dade County Courthouse, our team provides compassionate, dedicated legal support during your family's most difficult times.
Probate is the legal process of administering a deceased person's estate, paying their debts, and distributing their remaining assets. When a loved one passes away due to someone else's negligence in Miami-Dade County, the probate process becomes closely intertwined with personal injury law. Under the Florida Wrongful Death Act, a personal representative must be appointed by the probate court to bring a wrongful death lawsuit on behalf of the estate and surviving family members. Establishing this estate is a critical first step before any insurance negotiation or accident investigation can yield results for the grieving family.
Handling an estate requires meticulous attention to detail and a deep understanding of Florida probate statutes. Our approach begins with a thorough evaluation of your family's unique situation. If your loved one's passing involved a fatal accident, our team will handle the necessary accident investigation, gather evidence, and manage communications with insurance companies. We work diligently to ensure the estate is properly established so that any potential claims, including those involving comparative negligence factors, are preserved. While we strive to resolve matters through negotiation, we are fully prepared to take a case to trial when the situation demands it.
Miami-Dade County is home to millions of residents, and its probate courts handle a massive volume of cases each year. From filing the initial petition for administration to dealing with creditors and distributing assets, the procedural rules can feel overwhelming for a grieving family. Missing a filing deadline or misunderstanding the statute of limitations for an associated wrongful death claim can severely impact the estate. Having a dedicated attorney familiar with the local court procedures in Miami-Dade can help streamline the process, allowing you to focus on healing rather than legal paperwork.
Probate is the general legal process of settling a deceased person's estate, regardless of how they passed away. A wrongful death claim is a specific type of civil lawsuit filed when a person's death is caused by the wrongful act or negligence of another. In Florida, the personal representative of the estate must be officially appointed through the probate court before they can file a wrongful death claim.
In Florida, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased person's death. However, there are specific circumstances that could alter this timeline. Because an estate must be opened and a personal representative appointed before filing, it is important to begin the legal process promptly to protect your rights.
Not necessarily. Whether an estate must go through probate depends on how the deceased person's assets were owned. Assets held jointly with rights of survivorship or those with designated beneficiaries often bypass probate. However, if a wrongful death claim needs to be pursued, a probate estate will almost always need to be opened to appoint a personal representative.
Florida law allows certain individuals to serve as a personal representative, typically starting with the person named in the deceased's will. If there is no will, the surviving spouse or another close family member may petition the court. The court will ultimately decide and issue Letters of Administration, granting the legal authority to manage the estate and pursue any related claims.
If your family is facing the complexities of probate or a wrongful death estate claim in Miami-Dade County, contact the Altman Law Firm today to discuss how we may be able to help you navigate the legal process. Call (305) 373-3730.