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Call us now or use the form below. Frequently Asked Questions about Probate and Estate AdministrationQ: What is probate? A: In general, probate is the court procedure by which a will's validity is proved, assets collected, creditors paid and the remaining assets distributed to beneficiaries under the will. Q: What is a will contest? A: A will contest is a legal action that challenges the validity of a will and/or the terms of the will. Will contests typically involve allegations that a will was inadequately executed, invalidated by a later will or was the result of forgery or undue influence. Florida Probate Litigation LawyerAre you settling an estate in Florida via the probate process and in need of an experienced hand at the helm? An attorney who has been there for estate administration clients just like you for decades? Then you should contact my Cape Coral law offices. I am Robert C. Adamski. My firm is the oldest in the city, and one of the most experienced in all of southwest Florida. There is nothing about the often complicated probate process that I have not seen before or failed to handle successfully. I can help you too. Probate and Estate Administration - An OverviewEstate administration refers to the process of probating the estate of a decedent, which generally includes collecting, inventorying and appraising assets; paying and collecting debts; filing and paying estate taxes; and distributing any remaining assets to beneficiaries. An experienced probate and estate administration attorney from Burandt, Adamski, Grossman & Powell, PL in Cape Coral, FL, can help simplify this complicated process. If you need help in the administration of an estate, call Burandt, Adamski, Grossman & Powell, PL today. The Probate ProcessProbate is the court process used to determine the validity of a will and oversee the payment of creditors and distribution of estate assets. Even if there is no valid will at the time of death, the estate will still go through the probate procedure. Since probate is regulated by state laws, there are specific procedures prescribed by each state for carrying out the process. Role of the ExecutorAn executor is the person named by the creator of the will (the testator) to carry out the terms and provisions of the will. In addition to locating important documents and notifying Social Security, pension providers, annuity providers and other entities of the death, the executor has numerous other legal responsibilities. Avoiding ProbateAssets disposed of outside the probate process are part of the non-probate estate. Because a probate proceeding is not required, these assets are distributed more quickly to the appropriate beneficiaries. Many people seek out these assets and ownership models to save their loved ones from the difficulties associated with going through probate. Will ContestsThe fact that a person leaves a will does not guarantee that her or his property will be distributed according to the will's terms. A court generally must provide an opportunity to allow others to object to the will, and a legal challenge, called a will contest, may be brought by anyone with an interest in the will who believes it is invalid. Probate and Estate Administration Resource Links
Uniform Probate Code Locator
Executors
SmartMoney® Estate Planning
AARP® Estate Planning Page
Estate Tax Calculator
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