Plantation Probate Lawyer
Losing a family member is one of the most difficult experiences anyone can face. While you are grieving, the sudden responsibility of managing your loved one's estate can feel overwhelming. In Plantation, families often find themselves navigating the complexities of the Florida probate system at the Broward County courthouse. At The Altman Law Firm, led by Jeffrey S. Altman, we understand the emotional and legal hurdles you are facing. Whether you are dealing with a standard estate administration, a complex probate dispute, or establishing an estate for a wrongful death claim, our team is here to provide compassionate, clear guidance.
Understanding the Florida Probate Process
Probate is the court-supervised process of gathering a deceased person's assets, paying off their debts, and distributing the remaining assets to beneficiaries. For residents of Plantation, from Plantation Acres to those living near Broward Boulevard, probate matters are typically handled through the Broward County Circuit Court. Depending on the size of the estate and the nature of the assets, the estate may qualify for a simplified process known as Summary Administration, or it may require a Formal Administration. Navigating these filings, notifying creditors, and adhering to Florida's strict probate deadlines requires careful attention to detail.
Wrongful Death Estates and Litigation
Because The Altman Law Firm has a deep background in personal injury and trial law, we frequently assist families who have lost a loved one due to someone else's negligence. Under Florida law, a wrongful death lawsuit must be brought by the personal representative of the deceased person's estate. This means that before a family can seek justice for a fatal accident on Pine Island Road or University Drive, a probate estate must be opened. We help families seamlessly handle both the probate requirements and the underlying investigation and negotiation of the wrongful death claim.
Resolving Probate Disputes in Broward County
Unfortunately, the distribution of an estate does not always go smoothly. Disputes can arise among family members, beneficiaries, and creditors. Common issues include contested wills, allegations of undue influence, or disagreements over how a personal representative is managing the estate's assets. When these conflicts escalate, having an attorney who is comfortable in the courtroom becomes essential. We approach probate litigation with the same thorough preparation we apply to all our cases, striving to protect the decedent's true intentions and the rights of our clients.
Frequently asked questions
How long does the probate process take in Florida?
The timeline varies significantly based on the type of probate. A Summary Administration might take a few months, while a Formal Administration generally takes anywhere from six months to over a year. If there is probate litigation or a connected wrongful death lawsuit, the process can take considerably longer.
Do all of a deceased person's assets have to go through probate?
No. Only assets owned solely in the deceased person's name without a designated beneficiary must go through probate. Assets like life insurance policies with named beneficiaries, jointly owned property, and assets held in a living trust typically bypass the probate process.
What are the duties of a personal representative?
In Florida, a personal representative is responsible for identifying and safeguarding the estate's assets, publishing a notice to creditors, paying valid debts and taxes, and ultimately distributing the remaining assets to the rightful beneficiaries according to the will or Florida's intestacy laws.
Can I handle a probate case in Plantation without an attorney?
Under Florida law, almost all Formal Administration probate cases require the personal representative to be assisted by an attorney. While there are rare exceptions for very small estates, having legal counsel helps ensure that all court rules are followed and potential personal liability for the representative is minimized.
What happens if someone dies without a will in Florida?
When a person dies without a valid will, they are said to have died intestate. Florida's intestacy statutes will dictate how the assets are distributed, which generally prioritizes the surviving spouse and direct descendants.
If you need guidance navigating a probate matter or a wrongful death estate in Plantation, contact The Altman Law Firm today to discuss your situation. Call (305) 373-3730.