Probate & Guardianship
We are committed to handling all aspects of probate and guardianship with the utmost skill and care. We focus on the following practice areas:



Estate Administration (Probate, Trust Administration, Intestacy Proceedings)
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.

Guardianship
Guardianship is a legal proceeding in which the court determines that someone is incapacitated. On behalf of the incapacitated person, the court appoints someone to be the guardian of the property or the guardian of the person, or both. The guardian'the responsible person'has a fiduciary relationship to the ward'the minor, or person the court has determined to be incapacitated. If you are the guardian, you have a legal right and duty to care for your ward. We guide you, as guardian, through the court system. We advise you of your legal responsibilities, which may involve making personal decisions on behalf of your ward or managing your ward's property, for example. The court stays very involved, and must approve your every action'snd expenditure'ss guardian.

On occasion, the ward may need legal representation. We represent wards, ensuring that their best interests are being met and that the guardians are doing their job. Incapacity is not a black and white concept. The ward may be capable of some things, and incapable of others. We help the ward maintain independence and dignity. Sometimes, one person files with the court a petition to determine the incapacity of another person'snd the person alleged to be incapacitated disagrees and does not wish to become a ward.

Guardianships can be heart-wrenching. Recognizing incapacity on behalf of someone you love is never easy. Going public by involving the court in every aspect of your loved one's care can be frustrating and humiliating. On the other hand, if someone you love no longer can care for himself, having the court's approval to keep your ward safe and healthy is a blessing. Either way, expect to spend a substantial amount of time and money during a guardianship.

Preneed Guardian
If you no longer were able to control your affairs, do you know whom the court would appoint as your guardian? Who would raise your children if you became incapacitated? We help you designate in advance a guardian, the person whom the court appoints to make decisions on your behalf, should you ever become incapacitated and need this vital advocate for your'or your child's'well-being.

A preneed guardian is particularly important if you are involved in an unmarried relationship, or if your child does not have a legally-recognized second parent. Florida law tends to favor naming a blood or married relative as guardian, considering that to be in the ward's best interests. If you want someone who is not related to you by blood or marriage to be in charge of you or your child if you cannot care for yourself, you must put your wishes in writing.