Family Law Division

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Probate is simply the process for proving to the appropriate court that a document is the deceased's last will and testament and that the deceased knew what it was and signed it under his person, under his own free will, at a time he was mentally competent, and the document was properly witnessed, getting authority from the court to gather the assets, pay the deceased's obligations, and the distribute the assets to the beneficiaries named in the will. Check out the complete article: https://www.kendricklawgroup.com/post/what-does-a-probate-lawyer-do Formal Administration As the name suggests, this type of proceeding is the standard form of probate and by far the most common. Formal probate administration takes place in Circuit Court of the County in which the decedent resided at the time of their death. The process starts once an individual passes away and the executor of the will (or other interested party) petitions to be appointed as personal representative of the decedent’s estate. The beneficiaries named in the estate are then provided notice and given a chance to raise any formal objection(s). Summary Administration This form of probate is available when the total value of property/assets going through probate court is valued at $75,000 or less. Summary Administration may also be used when it involves a death that occurred over two years ago. This expedited type of administration is initiated by filing a Petition for Summary Administration that must be signed by a surviving spouse and/or beneficiaries. Do all estates require probate? All estates do not go through probate in Florida. If a person passes away without a will or trust and has assets in their name ONLY, then probate is required to distribute property and monies. If property, bank accounts, insurance policies, annuities, 401K plans, and all assets have beneficiaries or joint owners, probate is unnecessary. What Assets Go Through Probate? In Florida, it’s easier to list assets that don’t go through probate. Assets properly within a living trust, property that is shared through a “joint tenancy,” life insurance policies, and retirement accounts can potentially avoid probate. Do I need an attorney? The short answer is yes. In the State of Florida, it’s legally required to have an attorney represent you during a probate hearing in all except in a few rare circumstances. How long does probate take? This will depend on a variety of factors such as: the size of the estate, whether or not there’s an estate plan, if there’s a dispute with creditor(s) or beneficiaries, the quality of legal counsel, etc. With that said, it’s reasonable to expect the average Florida probate process to take between 6 to 12 months.

When people think of divorce, they may often imagine a contentious couple battling it out in the court room. However, many divorcing couples are able to handle all of their matters without the need for litigation. This can be accomplished through negotiations, mediation, and other alternative dispute resolution tactics, and this can save a couple time, energy, money, and stress. One option for couples in Florida who wish to stay out of a court is to have a collaborative divorce. In a collaborative divorce, both spouses and their respective lawyers agree to avoid litigation and come to a settlement agreement without court intervention. All of the parties and attorneys must sign this agreement and must adhere to it throughout the entire divorce process. If either party attempts to litigate any matter, the lawyer must withdraw and may no longer participate in the case. The Collaborative Divorce Process If a couple decides to pursue a collaborative divorce, they should each select an experienced attorney to have on their side. After the agreement is signed, the couple and their lawyers will have several sessions together to discuss important matter such as: Child Custody and Visitation; Child Support; Property Distribution and Spousal Support. In a collaborative divorce, both spouses must disclose everything and be completely transparent. This keeps the process very open and gives both spouses a greater degree of control over the settlement and their future. This also keeps spouses from going behind one another's backs or using deceptive tactics to get what they want. The hope is that this transparency will minimize resentment and keep good communication between the couple following the divorce, especially if they have to continue to communicate regarding children or other matters. If the couple is having a difficult time getting along or communicating, other professionals may be brought it to assist with the process. Such professionals may include counselors, family psychologists, or other facilitators or experts. Additionally, throughout the process, the attorneys will use tactics and strategies to encourage cooperation and discourage confrontation. Many couples find that alternative dispute resolutions such as collaborative divorce make the divorce process less painful. However, couples should be realistic when considering their options. If they strongly believe that they will not be able to come to an agreement, litigation may be the only option. An attorney can help you decide what option is best for you and your particular situation. Contact Kendrick Family Law Division for Help Divorce is never easy, though an experienced and dedicated family attorney can help walk you through every step of the process and make it as harmless as possible. Whether or not you and your spouse can come to an agreement out of court, it is always important to have a lawyer who will provide zealous representation. Carina Leeson, Esq. has extensive experience in all family law matters and is dedicated to protecting clients' interests both in and out of court. Contact our office today for assistance at (407) 641-5847.

At the Kendrick Law Group, our trained Collaborative Practitioner can help you resolve your divorce outside the court setting in an amicable way that protects the interests of all parties involved. ​ Whether involved in the collaborative process or in a contested divorce, the Kendrick Law Group is here for you. To learn more about how our experienced family attorneys can assist you in your divorce proceedings, contact us today.

At the Kendrick Law Group, our trained Collaborative Practitioner can help you resolve your divorce outside the court setting in an amicable way that protects the interests of all parties involved. Whether involved in the collaborative process or in a contested divorce, the Kendrick Law Group is here for you. To learn more about how our experienced family attorneys can assist you in your divorce proceedings, contact us today.