Personalized Legal Services

Miami Probate & Guardianship Lawyers

When a loved one passes on, there are a lot of obligations and responsibilities that their loved ones need to tend to. When significant assets are involved after your loved one has passed on, it only makes sense to seek the assistance of a skilled and committed legal team.

At the Miami office of Galbut, Walters & Associates LLP, we have more than 70 years of experience representing the needs of clients throughout Florida. We know how complex estate planning matters can be when dealing with considerable bank accounts, retirement accounts and other assets, and we are here to help you through our probate and guardianship needs.

Navigating The Probate Process

While our services extend through all estate planning needs, we understand that probate and guardianship matters often leave our clients with more questions than answers. We want you to know that we are here to help you with all of your probate needs, including:

  • Validating the decedent’s will
  • Collecting, inventorying and identifying assets
  • Resolving any debts and taxes owed by the estate
  • Overseeing asset distribution to beneficiaries
  • Settling any disputes that may arise during the probate process

Our experience can quickly resolve these and other probate matters, allowing you to focus on your grieving process instead of getting overwhelmed with the probate process.

Assistance With Guardianship Matters

When the decedent was the parent or guardian of a child or vulnerable adult, the matter of new guardianship needs to be addressed. Whether you are seeking or contesting guardianship, we can guide you through the difficult legal process that lies ahead, help you understand the details of the process, answer your questions, complete any paperwork or filing, advocate for you in court and ensure that you are compliant with all guardianship laws.

How Does Probate Work In Florida If There Is No Will?

There is no denying the importance of having a will. This legal document can ensure that assets are passed on to loved ones. However, the reality is that most eligible individuals have yet to draft a will.

When a person dies without a will, they die intestate. The laws regarding probate when a person dies intestate can be more complex. Here are some important factors to consider:

  • A personal representative is required: The person who wishes to act as personal representative for the estate will need to file an application to do so with the clerk of the Circuit Court. This individual must be at least 18 years of age and have no felony convictions. The personal representative is responsible for securing the estate’s assets, paying off debts and taxes and distributing the remainder according to the intestate inheritance rules.
  • The time limits are different: When a person dies with a will in Florida, the personal representative has 10 days to report the death to the probate court. There is no time limit when someone dies intestate, but the sooner the process is initiated the better.
  • An attorney is necessary: In nearly all probate cases, an attorney is a must-have. A probate attorney can help guide the personal representative through all of the necessary steps in settling the estate, including meeting the relevant deadlines.
  • There is an order of priority: In intestate probate, the order of priority for heirs is as follows; A surviving spouse will inherit assets first. If the deceased had children from another marriage, then the estate would be split 50/50 between the surviving spouse and children from the other marriage. If there is no surviving spouse, then direct descendants such as children and grandchildren, parents and siblings follow.

If a loved one has passed away intestate, then the importance of having a Miami probate attorney behind you cannot be understated. They can help you navigate the process and assert your claim to your inheritance.

Leave The Hard Part To Us

If you are worried about protecting your best interests and doing what needs to be done in any probate or guardianship matters, do not go through it alone. Call our Miami office at 305-701-9811 or reach out to us online to schedule your initial consultation today.