Common Questions About Florida Probate

Do you have any questions about Florida probate? You probably do if you are reading this. Questions are great sign, as they show that you are curious to understand how Florida probate law works. We encourage questions from our clients at Bret Jones, P.A. We want to make sure that you understand the journey that you are taking with your probate matters. It is important to us that our clients are fully informed, as this signifies that they are not “in the dark” about the probate journey that they are taking with us. Questions you may have about Florida probate law are important to us at Bret Jones, P.A. We want to answer any that you may have. Questions about Florida probate can vary greatly, and there is no such thing as a bad question. You’ve come to a probate attorney to get help. Probate attorneys go through years of school to gain the knowledge they need in order attend to the probate needs of clients. Don’t hesitate to ask us any question about Florida probate, no matter how small the question.

Is there such a Thing as a Bad Question in Probate Law?

Bret Jones - No Bad Questions

It may seem like a silly questions, but often times clients may be hesitant to ask questions because they may feel that they are silly or bad questions. Please know that there is no such thing as a bad question. We want our client to understand what is going on with their particular probate matter. If you need specifications on Health Care Surrogate Designation or a particular portion of the probate administration process, ask us. We would be more than happy to clarify any questions.

Our Knowledge of Probate Law: Where does it come from?

Where does our knowledge about probate law come from? As licensed attorneys in the State of Florida, we have to graduate from an accredited law school and pass the Florida Bar Exam. The Florida Bar exam takes two days to complete. After we pass the bar, we begin to attain our practical or hands-on experience, if we haven’t been doing that already during law school. It takes years of study and hands-on experience to get to be an attorney in probate law. Our probate attorneys at Bret Jones, P.A. possess both the years of study and hands-on experience. Here are some common questions about Florida probate below. We’ve put them in no particular order, but they are an example of some common questions that may be asked about Florida probate law.

What Happens if you Die Without a Will?

Bret Jones Death Without a Will

If you pass away without a will, you will have passed away intestate. In case you or a loved one passes way without having written a will, Florida law provides for how your debts will be satisfied and how your assets will be distributed to your heirs. The person who has passed away is called the decedent. Florida probate law is very specific as to how a decedent’s remaining property will be divided among beneficiaries. In addition, it is important to note that debts will be satisfied prior to the distribution of any property. This means that if necessary, any assets that a decedent has will be used to pay off any outstanding debts that are not accounted for by the decedent. This is a basic explanation of a will. If you or a loved one passes away without a will, the court will follow Florida law to determine how all the property belonging to a decedent will be divided and to whom. If you have any question about a will, contact us a Bret Jones, P.A. When discussing your options for a will, questions about Florida probate will likely arise. We would be happy to explain all of your options to you, so that you can make the best decisions regarding a will.

What is Probate Administration?

In a general sense, probate administration, (also called probate) is the process of collecting and distributing a person’s (decedent’s) assets when they pass away. It also includes paying off any outstanding debts that the decedent may have as well. This process occurs in court. A personal representative is usually chosen by the decedent in their will. This personal representative oversees that the decedent’s will is executed accordingly. A personal representative will have to comply with Florida Probate law. Questions about Florida probate law will likely arise to those who are not familiar with the process. It is usually necessary to have the help of a probate attorney to assist with the probate process. As probate attorneys at Bret Jones, P.A., we are very familiar with the legal requirements during probate.

There exists another alternative to the probate administration process in Florida, and this is called summary administration. Speak with us at Bret Jones, P.A. for further information about the probate administration process, as well as summary administration. We would be glad to give further information about the details of each process.

What is a Living Will, also known as an Advanced Health Care Directive?

Now that we have touched upon a will, many people wonder what is the difference between a will and a living will. You may have heard a living will called an Advanced Health Care Directive, a Medical Directive, or another name. You can create a living will with your probate attorney. A living will specifies what you would like to occur in case you are no longer able to make a decision for yourself about your health care. Usually, living wills may specify whether you would like to be resuscitated, and other serious health care questions that can be difficult to answer. Although it can be difficult to discuss these matters because they are very serious and not easy to think about, it can be even more difficult for your loved ones if they do not know how you wish to proceed in case of a medical emergency. Although people may think that they’ve mentioned to their loved ones how they wish to proceed in medical care in case they are incapacitated, it is much easier if specific health care decisions are written and available in case such medical emergencies arise. With the existence of a living will or advanced health care directive, there is no dispute to be made about how you wish to proceed in your medical care if you are incapacitated. If you are incapacitated, it can make the world of a difference if the decisions regarding any end of life care or medical emergency decisions have already been made by you.

Contact Us at Bret Jones, P.A. for Questions about Florida probate

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If you have any questions about Florida probate, please contact us at Bret Jones, P.A. We can help steer you in the right direction. As with all discussions we have with our clients, everything is kept confidential. When you have question about Florida probate, they deserve to be answered. Don’t wait until a rainy day to seek out help with your probate matters. If you are already experiencing a rainy day, it’s never too late to reach out to us for help. At Bret Jones, P.A., we want you to rest assured that all your probate needs are well met, and any questions you may have about the world of probate are answered.