Jacksonville Probate Lawyers: Manage Estate Litigation With Confidence
When facing the complexities of probate and estate litigation, knowing you have a trusted legal ally can make all the difference. Probate is the legal process of distributing a deceased person’s assets, while estate litigation arises when disputes occur. At Lesak, Hamilton, Calhoun & Pontieri, Attorneys at Law, in Jacksonville, our estate administration attorneys can help you in both of these scenarios. Whether you’re an executor, a beneficiary, or concerned about your estate’s future, our probate lawyers understand that these matters are more than just legal procedures; they are personal journeys that require care and attention.
Taking A Compassionate Approach To Estate Litigation
At Lesak, Hamilton, Calhoun & Pontieri, our lawyers blend a deep understanding of the law with a compassionate approach to your unique situation. With a focus on the Jacksonville area and the capacity to serve all of Florida, we strive to deliver tailored solutions that align with your needs and aspirations. With an extensive background in litigation, particularly with large companies, our firm’s attorneys are equipped with the strategic insight needed to tackle even the most challenging cases. They will be your advocate, your guide and your partner in your legal challenges.
Understanding The Probate Process In Florida
In Florida, probate is a court-managed process that begins after someone dies. The probate process validates their will, settles debts and distributes assets. An executor is appointed to manage the estate, either by the decedent’s will or by the court. They will notify creditors, tally assets, and, after debts and taxes are paid, distribute the estate to heirs. This can take anywhere from weeks to years, depending on the estate’s complexity and whether or not there are potential disputes.
Proper legal guidance is paramount to navigating this process efficiently. As your probate attorneys, we can help you manage your responsibilities as an executor and guide you through the probate process efficiently so that you can focus on your family during this time.
Answering Your Questions About The Florida Probate Process
In our years of practice, there are several questions that often come up with respect to the probate process. Here, we answer a few of the most commonly asked questions. If you have questions about your specific case, we invite you to schedule an initial consultation appointment, which will give us a chance to discuss your unique situation.
What are the duties of an executor in Florida?
As the executor, or personal representative, in Florida, your primary role is to manage and settle the estate of the deceased. You are responsible for:
- Collecting and inventorying the assets
- Protecting the estate’s assets
- Notifying creditors of the decedent’s death
- Paying any debts or taxes
- Distributing assets to the beneficiaries
You must also ensure compliance with Florida probate laws, which often require filing various documents with the probate court. Working with a probate attorney can help you complete these responsibilities effectively and efficiently.
Can probate be avoided?
Yes, probate can sometimes be avoided in Florida. One way to do this is by setting up a revocable living trust, which allows you to transfer assets into the trust during your lifetime. Upon your death, the assets can be distributed without having to go through the probate process. You can also bypass probate through joint ownership, where property has the right of survivorship. Designating beneficiaries on accounts is another way to bypass probate. In addition, certain small estates may qualify for simplified probate procedures, making the process quicker and less costly.
Do all estates need to go through probate in Florida?
Not all estates are required to go through probate in Florida. If an estate is considered “small,” it may qualify for a simplified probate process, known as summary administration, which is quicker and less formal.
How long does the probate process take in Florida?
The duration of the probate process in Florida varies depending on the complexity of the estate. On average, it can take anywhere from six months to a year to complete. Simple estates with minimal assets and no disputes may wrap up more quickly. However, if the estate is large or contested, the process could extend beyond a year. Several factors influence the timeline, including the time it takes to:
- Notify creditors;
- Settle debts; and
- Resolve any disputes among the heirs.
An experienced probate attorney can help streamline the process and make sure that all legal requirements are met promptly. Patience and clear communication are key during this time.
When Probate Breaks Down, Litigation Ensues
During estate litigation, conflicts can arise over the interpretation of a will, the distribution of the trust or estate, or even the validity of the will itself. For example, where siblings are at odds over their parents’ estate and wish to dispute the executor’s decision, they can file a lawsuit to halt the probate process and dispute the decision. In such cases, an experienced litigator can help you work toward a resolution and guide you through the legal process.
Consult A Jacksonville Probate Attorney Today
At Lesak, Hamilton, Calhoun & Pontieri, Attorneys at Law, we help clients find solutions that make a real difference in your life. Our lawyers are here to support you, not to add a financial burden. This means engaging in genuine conversations, understanding your situation, and working together to find the best path forward. We offer reasonable fees for my services and work efficiently to resolve your case without unnecessary expense.
Are you ready to take the next step toward peace of mind in your probate or estate litigation matter? You can call our office at 904-901-4750 or send us a message using the firm’s contact form, which also allows you to include a short description of your situation.