Let's talk about Probate, Estate Planning, Guardianship and Elder Law!

Probate is the court process involved when someone dies or is incapacitated. While we often attempt to plan our estates without probate, the fact remains that sometimes a family member has passed away or is incompetent, and the only way to transfer the assets is through the probate system.

In the event of death, how long does a probate take?

The average time for probate is 9 months. The shortest time is 5 months, and the longest time could take a few years, if the estate is involved in litigation.

What does probate cost?

The cost of probate is generally regulated by Florida law. There are court fees which generally run about $390.00; and attorney costs which generally run about 2-3% of the estate assets valued as of the date of death. There are also executor (personal representative) fees which run 3% of the value of the estate assets; but if a family member is serving as the personal representative, then this fee can be waived.

Our law firm does not charge to meet with you to discuss the probate process, and at the initial meeting, we will be able to estimate the time required for the probate administration, and what our charges will be.

In the event of incapacity, how long does the guardianship process take?

It generally takes 4 months to get a guardian appointed, although a temporary emergency guardian can be appointed in a matter of weeks. Once appointed, the guardianship will most likely last for as long as the incapacitated person (the ward) is alive.

What does guardianship cost?

An uncontested guardianship will generally cost between $1,500.00 and $3,500.00, initially, and then there will be on going fees each year, which vary depending on the work required in the guardianship. A contested guardianship can be very expensive, and can only be quoted on an hourly basis.

Can I do the probate myself, without hiring an attorney?

No. Florida law requires the hiring of an attorney for all guardianships and all probate proceedings.

What is Elder Law?

Elder Law deals with all of the issues facing the elderly; from estate planning through preparing for the costs of long term care nursing. Medicaid is a government program for the indigent that pays for the costs of long term care in a nursing home. Often the costs of long term care can bankrupt not only the affected person, but also the person's spouse, and proper Elder Law planning can save thousands of dollars for the at home, or community spouse.

Family Law

In addition to helping families plan for the future, my firm assists them with immediate family crises. A divorce does not have to destroy your family. We have extensive experience guiding families through the difficult issues of child support, spousal maintenance, custody and visitation, and property division.

We work hard to draft agreements (including prenuptial, separation and postnuptial agreements) that work with your family's particular circumstances. Although these arrangements are often reached in an amicable manner, sometimes it is important to have someone that is protecting you and your interests. Let our knowledge and experience work for you and your family.

TOP