There is an awful lot of paperwork to be completed when
someone you love has died. If your loved one had a
will-based plan, we help you with the probate. If your loved
one had a trust-based plan, we help you with the trust
administration. If your loved one was intestate (meaning had
no written plan at all), the State of Florida dictates to
whom the assets go; we help you with the intestacy
proceedings.
Both probate and intestacy proceedings involve the court
stepping in to make sure that the bills are paid and the
assets are distributed properly. At Bailey Zobel Pilcher, we
will assist you throughout the court proceedings. If your
loved one had a will, we help you submit the will to the
court. From there, the probate and intestacy procedures are
similar. We help you inventory the assets, publish proper
statutory notice to the creditors, ensure that legitimate
creditors are paid, and distribute the balance to the
appropriate beneficiaries. The court must approve your every
action; you must have a lawyer to represent you; expect to
spend a substantial amount of time and money during this
process.
If your loved one had a trust-based estate plan, the court
does not have to be involved. This does not mean that you
may do nothing! The trust must be administered. We represent
trustees, advising them of their fiduciary and legal duties
to creditors and beneficiaries of the trust. We help you
inventory the assets, prepare trust accountings, keep the
beneficiaries informed, and distribute the assets in
accordance with the trust document. If the trust terms allow
for immediate distribution of the assets to the
beneficiaries, the trust administration may wrap up fairly
quickly, and, compared to a probate or intestacy proceeding,
relatively inexpensively. We also represent beneficiaries,
helping to enforce your rights under the trust. |
