Wills, Probate

Trusts, Estate Planning

210 South Beach Street, Suite 202
Daytona Beach, FL 32114
(386) 257-3332

Personal Representative

In a time of sadness & grief, I searched the area for an attorney who would work with me and my budget. After the first call with Mrs. Heidi, I knew that I had found someone who truly cared, who was understanding and patient with my circumstances. She knew that I did not know much about the probate court (I felt so lost and defeated) and she went over and above to explain it all to me and what was going to be happening in the upcoming months. Probate court is not something that happens quickly, my family & I were out of our home for months on end and Mrs. Heidi did everything she could to expedite the process of us moving back in. She provided us with all the information, communicated everything with us as she found out and made the (tough) process so smooth. She is super knowledgeable in her scope and works thoroughly on the documents needed. I am very very grateful my family and I chose Heidi and I strongly recommend anyone who needs Estate Planning to inquire with her.
Not to mention, everyone who works in her office and beside of her is equally as amazing as she is. Her office staff was simply dedicated, always pleasant, compassionate, and kindhearted. They made me feel like we've been friends forever. They communicated with me & sympathized with me, they treated me like a person they loved, not just another customer, and they truly cared about how I was doing despite what I was going through at the time. I applaud them and Mrs. Heidi tremendously for everything they have done for us.
There are not enough words that could show my true appreciation and thankfulness for this group of people and this office.

~ Briana L

Thank you to Heidi and her team for patiently working with me during a difficult situation. Our beloved Mother passed away and we needed to settle her estate, transfer property title, and create a will and trust. We were able to perform all of these activities over mail and telephone calls because we had left FLA to visit family in another state.

~ Lori B

Ask Heidi : What are the Steps for Probate Once a Loved One Passes?

Steps for Probate

When a loved one passes away, the circumstances are emotional and stressful for anyone. The last thing on your mind is the practical and legal steps that must take place during this time. I tell everyone that you should take a breath, take care of putting your loved one to rest, grieve, spend time with family and THEN contact an attorney —there are very few circumstances where dealing with the legal aspects can’t wait a week or so.  Sometimes a quick phone call with your attorney can give you the peace of mind you need to not rush out to a meeting with an attorney when you really aren’t up for dealing with business yet. 

Meet with a probate attorney. 

The Personal Representative named in the Will should choose the attorney —often the attorney who did the Estate Planning is still practicing and is a good first step if that isn’t possible ask for a referral from your friends —the “yellow pages” isn’t always the best stop.  If you cannot get a referral then get online and read those reviews! It’s important that you find an attorney who can evaluate your circumstances and give you a game plan that you understand. You must feel comfortable with your attorney. The advice of competent counsel can save a lot of frustration and running down dead ends.

Initiate Probate.

If you are advised that a Probate is needed it must be initiated before anyone can begin selling, transferring, or using estate property.  It will not happen spontaneously someone must initiate the probate process. It is my advice that you hire an attorney —there is no Probate circumstance that I personally would ever recommend someone do without an attorney.  While an attorney is not required for a Summary Probate in Florida it is a process that will go much more efficiently if you are represented by counsel. In Florida, an attorney MUST represent the Estate if a Formal Probate is needed.  An experienced attorney can evaluate your case during your initial consultation and tell you which type of Probate if any, your circumstances dictate.

Take Inventory and Pay Debts

The probate process starts with a Petition and then publication to alert creditors of the action, followed by an inventory of all assets (real estate, bank accounts, investment accounts, etc.), which will need to be filed with the probate court and then ultimately payment of the Estate’s obligations.

Resolve Conflicts

At any point in the probate process, conflicts or legal challenges might arise. These will necessarily extend the amount of time it takes to settle the estate and will usually result in more estate expenses. Again, a qualified probate attorney can help you navigate this stressful piece of the process. 

Distribute Assets

Once all conflicts are resolved, estate debts are paid, it’s time to begin distributing assets. If there’s no Will, state intestacy laws will determine who the inheritors are.

Close the Estate

Finally, after everything is distributed your attorney can Petition the court to close the estate. Once approved, the Personal Representative will be discharged and the Estate will be closed.

 

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