Santana Torres Law Offices, PL

For Client-Focused Legal Representation and Legal Advice

Contact Us Today at 786.406.1775  

Probate & Guardianship

If you have recently suffered the loss of a loved one and have concerns regarding the proper transfer of property or the future care of any minor children or other dependants of the deceased, you need the assistance of a qualified Probate Lawyer.  If you are the primary caregiver for a person who is disabled or incapacitated; or for a minor unable to hold property outright, you need to consider the necessity of establishing a guardianship. If you are concerned about the ability of a loved one to care for themselves, a guardianship or incapacity proceeding may be in order.

Probate and Guardianship Law Practice involves the representation of persons involved in probate, whether they be the family or other heirs of the descendent, the appointed Personal Representative of the Estate, or creditors of the Estate. A person who seeks to be appointed a Guardian or a Personal Representative must be represented by an attorney, self-representation is not allowed under probate laws, rules and procedure.

Relevant Terms

Decedent: A person who has died. Intestate: A Decedent who did not have a Will or Trust document prepared prior to death. Estate: All the assets and ownership interests of a Decedent or Ward. Probate Estate: The assets and ownership interests of a Decedent, which are subject to probate administration. Personal Representative (or Executor): The person appointed by the court to administer an Estate, usually named by the Decedent if there is a Will. Heirs or Beneficiaries: Those persons entitled to receive some part of an estate, whether by law or according to a Will. Ward: Minor or Incapacitated person over whom a guardianship is established. Plenary Guardianship: Guardianship of the Ward’s person and property. Limited Guardianship: Guardianship over either the Ward’s person or the Ward’s property, but not both. Guardian: The person appointed by the Court to administer a Ward’s Estate and/or personal care. Guardian Ad Litem: Guardian appointed to represent a Ward if the Court deems it necessary.

Who will need a Probate or a Guardianship?

Any person who has an estate will need a probate or guardianship upon death or incapacity.  An Estate is composed primarily of individually held assets. If you have a car or a bank account in your own name, you have an Estate.  If you own any interest in real property, whether joint or individual, you also have an estate.

Do you need a Lawyer?

Florida Law requires that Estates and Guardianships be represented by an attorney. The legal fees are set forth by law as well, and are paid by the Estate. The Personal Representative is also normally entitled to compensation from the Estate.

Probate and Guardianship matters can be very simple and straightforward, but when competing interests arise can result in some of the most bitterly contested disputes. Probate Litigation and Trust Litigation require solid knowledge and understanding of Civil Litigation and Trial Practice, as well as Estate Planning and Probate. Santana Torres Law Offices are uniquely qualified to handle these matters, having experience in both fields. Many attorneys who are very well qualified to handle probate matters prefer to refer disputes and litigation to colleagues who are experienced in litigation. Please call us for a consultation; we are also available to co-counsel with other attorneys.  

Estate Planning

There is no time like the present to consider your own estate planning needs so that when you pass away or if you should become incapacitated, your family might be able to avoid, or at least shorten, the necessary legal proceedings.