Estate Planning and Probate

Jacksonville Estate Planning and Probate Attorneys

Asbury Law has the experience in estate planning, probate and will contests that you can trust to protect your best interests and ensure proper distributions for you and your loved ones. Estate planning and probate are some of the most misunderstood areas of the law. At Asbury Law, we have streamlined the estate planning and probate process to ensure you and your family are protected.

Estate Planning

Estate Planning in Florida allows you to provide for your family, friends, and loved ones. It can also include charitable contributions. And it is not just for the super wealthy or the elderly! While Estate Planning in Florida should certainly be something the wealthy and elderly populations have in place, it is wise for anyone to have an estate plan who:
* has a child;
* is married;
* is divorced;
* received an inheritance; or
* won the lottery!

Quite simply, it is advisable for anyone whose asset values exceed their debts. It can also minimize taxes and can prevent heirs from fighting over valuable estate assets. In this regard, an Estate Plan in Florida serves a valuable purpose, as it memorializes one’s desires for their money and property to maximize value and ensure proper distributions. The three primary components of an Estate Plan in Florida are the:
* Advanced Directives;
* Last Will and Testament; and
* Trust.

Probate

A Florida Probate Administration is a formal and court-supervised process utilized to identify and gather a decedent’s assets; pay taxes, claims (of creditors), and expenses of administration; and distribute the rest of the property to beneficiaries. The Personal Representative (“PR”) or Executor usually handles this formality and can receive compensation for their services. However, being the named Personal Representative in a Last Will and Testament does not necessarily mean they will be the Personal Representative, as the court ultimately must decide (i.e., appoint the Personal Representative).

An initial step in a Florida Probate it to determine whether the Last Will and Testament is valid. In Florida, a Last Will and Testament should be deposited with the court within ten days of death, even if no probate is necessary.

If you believe unusual circumstances surrounding the Last Will and Testament in Florida or how the decedent’s assets were spent or distributed, seeking the advice of an experienced attorney is highly encouraged. This will help to protect your rights and give you options you would not otherwise have. A failure to do so may cause you to waive your rights by not acting timely.