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Probate

Miami, Florida Estate Attorneys

Losing a loved one is a tough time for anybody and our attorneys at the Mena Law Firm understand what you are going through. This time can be even harder if your loved one did not leave behind there affairs in an orderly manner. This can enter your family into a probate situation which is when a will cannot be validated and therefore cannot be proven, leaving your family without the ability to recover what was left behind.

Estate planning should always be an important part of our future, but this is not always the case, and when troubles arise you need someone there that will hold your family’s interest above all else. At the Mena Law Firm, our attorneys are prepared to fight to get your family what has been left behind. With over 40 years of combined legal experience we will keep you informed about the circumstances of your case and create unique strategies to get you the best possible results.

Types of Probate

When going through probate, there are a couple different legal avenues that can be taken to most effectively get what is owed to your family. However, it is extremely important to note that when a death occurs, the family has no longer than 10 days to report the will with the local circuit court for validation. This must be done immediately after learning about the death of a loved one.

The following are different options available to families if probate becomes necessary:

  • Regular Probate – If more simple methods of distributing a loved ones assets fail this is typically the route one must take. This includes gathering a record of all assets and debt, paying the necessary parties, and distributing assets to the rightful family members.
  • Non Property Probate – If there is a joint owner circumstance in Florida then the property goes to the other owner automatically in the event of one of the owners’ death. Other circumstances that would not require probate would be designated beneficiary, or someone who held assets in a living trust.
  • Disposition Without Administration – In the event an individual leaves behind a small amount of possessions, including no real estate, the individual who handles the deceased person’s funeral and final affairs may be entitled to their remaining possessions.

Contact our experienced probate attorneys today for more information.