Florida has a robust set of statutes and rules governing probate, trusts, inheritance litigation, and guardianships. An obvious reason for Florida’s well-developed laws is the high numbers of people who retire and live out their golden years in the Sunshine State. A Florida lawyer practicing in probate, trust, guardianship, and other elder law areas can help you with many legal concerns.
If your loved one has passed away in Florida, you might need information on whether opening a probate in Florida is necessary, which depends on the types of assets Decedent owned and how the assets were held. See What Assets Are Probate Assets in Florida? Perhaps you find yourself questioning whether the personal representative of a Florida estate is administering the estate appropriately. See Responsibilities of the Personal Representative in Florida. Florida courts also routinely deal with many types of inheritance litigation, including disputes over the validity of wills and trusts, suits to return assets to an estate or trust, and maladministration claims.
Services that attorneys on this site can provide for you include:
- Estate Planning: If you are living in Florida, a lawyer can advise you on your estate planning needs. An estate planner can help you review your assets and goals, and advise you on the estate planning structure that is right for you. See Estate Planning for Florida Residents.
- Probate Administration: A Florida probate administration lawyer can represent you during the administration of the decedent’s estate, and make sure that all notices are provided and deadlines are met for a smooth estate administration. See Beneficiary Rights In Florida Probate Administration and Deadlines and Timelines In Florida Probate
- Probate Litigation: A Florida probate litigation attorney is necessary in many scenarios, including when a will is being challenged, beneficiary rights are in question, or when maladministration is being alleged. See Your Florida Will Contest Questions Answered and How to Sue an Executor in Florida.
- Trust Litigation: A Florida trust litigation attorney can help if you are a fiduciary whose actions are being challenged, or a beneficiary whose rights are being violated. See How To Sue a Trustee in Florida.
- Trust Administration: If you have questions about how to administer a trust, a Florida probate and trust administration attorney can review the trust documents and provide guidance. The attorney can advise you what to do, and what NOT to do. See How Not to Administer a Trust in Florida.
- Securing Surviving Spouse Rights: A Florida probate attorney can also advise you regarding your rights as a surviving spouse, including homestead rights, elective share, family allowance, and exempt property. See Surviving Spouse Rights Florida.
- Elder Abuse Cases: Elder abuse is a topic that comes up all too often in Florida, when a vulnerable adult is exploited. Florida takes elder abuse seriously, and has even found that banks can be held liable for failing to stop elder abuse. See Bank May Be Liable For Failure to Stop Elder Abuse.
- Guardianship: Florida law has a developed system of laws regarding guardianships for loved ones who are no longer able to care for themselves or their property. If you have concerns that your loved one may no longer be able to take care of themselves, consulting a Florida guardianship attorney is the first step to determine what you can do. See Florida Guardianship Questions and Answers.
Educating yourself with the information on this site is the first step to finding the Florida lawyer that is right for your particular case.
Downloadable Quick Guides to Florida Probate