Can you help if my loved one left a trust instead of a will?
Yes. I settle revocable and irrevocable trusts as well as probate estates, and many families need both. Tell me which documents exist and I'll explain which process applies.
Probate and trust administration · Hollywood, Florida
A loved one has died. Here is what happens next, and what I'll handle.
I help families in Hollywood, Fort Lauderdale, Dania Beach, Hallandale Beach, Miami and Miami Beach administer probate estates and settle revocable and irrevocable trusts. Estates range from a simple Summary Administration to a large one that needs an estate tax return. I handle the court process, the paperwork and the tax filings, so you can concentrate on your family.
Where you are
After a death, the court has to be involved
When someone dies owning property in their own name, a Florida court usually has to supervise how it passes to their heirs. That court process is probate. It starts from the person's will, if there is one, and ends with an order that distributes the estate to the right people. Someone has to take it on, and that person is called the personal representative. Often it's you.
If you've been named, or you're a family member trying to understand where things stand, I can explain what's involved before you commit to anything.
When to call
Signs you shouldn't wait
Early guidance helps most when there is real estate, a business, pressure from creditors, a family disagreement, missing documents, or no will. Call me soon after a death if:
- you don't know whether probate has to be opened
- you've been named personal representative and aren't sure what to do next
- there is no will, and you need to know who inherits and who can act
- beneficiaries are disputing the estate
- creditors, taxes or the transfer of assets are complicating things
- real estate has to be sold or retitled as part of the estate
What I do
The probate case, step by step
Review the will.
I go through the decedent's will with you and work out who the heirs are.
Identify the assets.
I determine which of the decedent's assets belong in the probate estate.
File the case.
I file a probate action in the county where the decedent lived. The court appoints a personal representative.
Letters of Administration.
The court issues Letters of Administration, which allow the personal representative to act on behalf of the estate.
Distribution and tax.
I see the case through to an order of distribution, which sends the estate's assets to the right heirs. I also make sure any estate tax return that's required, and the decedent's final tax returns, are filed with the IRS.
Trusts
Settling a trust after a death
I also represent trustees and families in settling revocable and irrevocable trusts after a loved one has died. Some families need both a probate case and a trust settlement. I can handle both together, so you don't have to coordinate two different attorneys.
Attorney and CPA
The tax side of an estate
An estate can come with tax returns of its own. As an attorney and a CPA, I handle the legal case and see that the paperwork reaches the IRS too. It's one person looking at both.
Free family guide
Know who to call before you need to
Estate planning, elder law and probate attorneys do different jobs, and families often find out which one they need at the worst possible moment. This free guide explains each in plain language: who to call when you're planning ahead, when a parent's health begins to decline, and in the weeks after a loss.
Questions
About probate and trust settlement
What does a personal representative do?
The personal representative is the person the court appoints to act for the estate. Once the court issues Letters of Administration, the personal representative can act on the estate's behalf until the court orders the final distribution to the heirs.
What is Summary Administration?
It is the simpler form of probate used for smaller, uncomplicated estates. Whether an estate qualifies depends on its assets and circumstances. I'll tell you whether it applies to yours.
Will the estate need to file a tax return?
Only larger estates need an estate tax return. I check whether yours does and make sure any required return is filed, along with the decedent's final tax returns.
How long will probate take?
It depends on the estate. A simple Summary Administration moves faster than a large estate that needs an estate tax return. Once I know what the estate includes, I'll give you a realistic picture of the timeline.
This page offers general information, not legal advice for your situation.
Related: Real estate · Lady Bird deeds · About me
Tell me about the estate
Tell me what has happened and who is involved, and I'll explain what comes next.