Boca Raton, Florida Estates and Probate Attorney: Ginny L. Goldman, P.A. offers legal representation in the areas of estate planning, probate and trusts.
An estate plan generally involves the execution of a will, living will, designation of health care surrogate, power of attorney and one or more trusts. While a person is alive, he or she should have documents prepared and properly executed to provide for one’s family and for the distribution of their property after they pass.
The probate of an estate occurs after the person’s death. Whether estate documents will need to go through probate, which entails filing a court proceeding and making the estate subject to the court’s intervention and approval, depends on the estate documents executed while the deceased was alive. By placing property in trust, for example, one can avoid having their heirs go through the probate process, as the assets are placed in the trust during the client’s lifetime and benefit the client while he or she is living.
For probate matters, the State of Florida does require legal representation of a personal representative. The personal representative is the person selected by the deceased in their will. However, despite the selection of a personal representative by the deceased, the court has the discretion, under the law, to appoint someone other than the person named by the deceased. For example, a person who is not a resident of the State of Florida or a relative of the deceased as defined in the Florida Probate Code, cannot serve as a personal representative in Florida.
To discuss your estate plan, please call the firm at 561-447-9208 to speak with the attorney.
If you have questions regarding a probate matter or your interest under a trust, please call the firm at 561-447-9208 to speak with the attorney.
