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Wills, Probate and Real Estate Law  Attorney Miami, FL | Abogada deTestamentos, Sucesiones y Bienes Raices en Miami FL

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(305)962-5929

Alina Nuñez Esq. is a Wills and Real Estate Attorney in Miami.13 years practice: probate law, testaments, real estate law. Call now:(305)962-5929, free consultation. Serving all Miami, Fl.

Probate administration


Probate is a process that proves the will of a deceased person is valid, so their property can in due course be retitled or transferred to beneficiaries of the will. As with any legal proceeding, there are technical aspects to probate administration:


  • Creditors must be notified and legal notices published.
  • Executors of the will must be guided in how and when to distribute assets and how to take creditors' rights into account.
  • A Petition to appoint a personal representative may need to be filed and letters of administration (often referred to as "letters testamentary") issued. A Grant of Letters of Administration can be used as proof that the ‘Administrator' is entitled to handle the assets.
  • Homestead property, which follows its own set of unique rules in states like Florida, must be dealt with separately from other assets. In many common law jurisdictions such as Canada, parts of the US, the UK, Australia and India, jointly owned property passes automatically to the surviving joint owner separately from any will, unless the equitable title is held as tenants in common.
  • There are time factors involved in filing and objecting to claims against the estate.
  • There may be a lawsuit pending over the decedent's death or there may have been pending suits that are now continuing. There may be separate procedures required in contentious probate cases.
  • Real estate or other property may need to be sold to effect correct distribution of assets pursuant to the will or merely to pay debts.
  • Estate taxes, gift taxes or inheritance taxes must be considered if the estate exceeds certain thresholds.
  • Costs of the administration including ordinary taxation such as income tax on interest and property taxation is deducted from assets in the estate before distribution by the executors of the will.
  • Other assets may simply need to be transferred from the deceased to his or her beneficiaries, such as life insurance. Other assets may have pay on death or transfer on death designations, which avoids probate.
  • The rights of beneficiaries must be respected, in terms of providing proper and adequate notice, making timely distribution of estate assets, and otherwise administering the estate properly and efficiently.


Executor


An executor is a person appointed by a Will to act in respect of the estate of the testator upon his or her death. An executor is the legal personal representative of a deceased person's estate. The appointment of an Executor is only effective following the death of the Will maker. Once he or she has died then the person appointed by the Will as executor should decide very quickly whether or not to accept the position. There is no legal obligation to do so. If they don’t want to act as an Executor they will need to “renounce probate” at the court probate registry.

Executors "step into the shoes" of the deceased and have similar rights and powers to wind up the personal affairs of the decedent. This may include continuing or filing lawsuits to which the decedent was entitled to bring, making claims for wrongful death, paying off creditors, or selling or disposing of assets not particularly gifted in the Will, among others.


Administrator


When a person dies without a Will then the legal personal representative is known as “the Administrator”. This is commonly the closest relative, although that person can renounce their right to be Administrator in which case the right moves to the next closest relative. This often happens when parents or grandparents are first in line to become the Administrator but renounce their rights as they are old, don’t have knowledge of estate law and feel that someone else is better suited to the task.

Appointment of an administrator follows a codified list establishing priority appointees. Classes of persons named higher on the list receive priority of appointment to those lower on the list. Although appointees named in the Will and relatives of the deceased frequently receive priority over all others, creditors of the deceased and 'any other citizen of [that jurisdiction]' may act as an administrator if there is some cognizable reason or relationship to the estate. Alternatively, if no other person qualifies or no other person accepts appointment, the court will appoint a representative from the local public administrator's office.


Probate Application


Local laws governing the probate process often depend on the value and complexity of the estate. If the value of the estate is relatively small, the probate process may be avoided. In some jurisdictions and/or at a certain threshold, probate must be applied for by the Executor/Administrator or a Probate lawyer filing on their behalf. The Probate lawyer is a specialist in probate law, who makes application representing the Executor/Administrator.



PROBATE LAW

Law Offices of Alina F. Nuñez, Esq.


Probate is a legal process initiated at the time of you or your loved one's death. Filing the Administraction of the Estate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will. A probate court (surrogate court) decides the legal validity of a testator's (person's) will and grants its approval, also known as granting probate, to the executor. The probated will then become a legal instrument that may be enforced by the executor in the law courts if necessary. A probate also officially appoints the executor (or personal representative), generally named in the will, as having legal power to dispose of the testator's assets in the manner specified in the testator's will. However, through the probate process, a will may be contested.

Wills, Probate and Real Estate Law  Attorney Miami, FL | Abogada deTestamentos, Sucesiones y Bienes Raices en Miami FL