FLORIDA PROBATE, GUARDIANSHIP & ESTATE PLANNING SERVICES

Hochsztein & Harrison-Jolly, P.A. offers comprehensive legal counsel and representation in the areas of probate, guardianship and estate planning.

PROBATE SERVICES OFFERED BY HOCHSZTEIN & HARRISON-JOLLY, P.A.

WHAT IS PROBATE: 

Probate is the legal process of administering an estate. The probate court's task entails determining the validity of any wills presented, appointing an executor (executors are referred to as "personal representatives" in the State of Florida), making sure that all proper notices are sent to interested parties, ensuring that valid debts are paid and certifying that the remainder of the estate is distributed to the proper beneficiaries. If a person dies with a will, the estate assets will be distributed in accordance with the terms of the will, and the court will usually appoint the personal representative named in the will. If a person dies without a will, state law dictates the beneficiaries of the estate and the appointment of the personal representative.

The general responsibilities of being a personal representative include determining the assets of the estate, identifying the creditors and beneficiaries of the estate and serving them proper notice of the probate administration, paying the valid debts of the estate, filing all required tax returns, and distributing the assets of the estate to the proper beneficiaries.

Representation of Personal Representatives (Executors)
Serving as the personal representative of an estate can be a difficult experience, especially for loved ones of the decedent. Sometimes being a personal representative is the first time a client has ever dealt in a significant way with the legal system. It is our job in representing personal representatives to guide them through every step of the probate process and help them perform their responsibilities properly and with confidence. At the outset of every probate case we handle, we explain the probate process to our clients in detail and advise them on their duties and liabilities as personal representatives. We prepare all necessary court filings, advise on any adversarial matters if they arise, monitor deadlines and claims on the estate, handle all contact with the probate court, and help our clients to liquidate, transfer and distribute the assets of the estate. Our goal is to assist our clients complete estate administrations in a smooth, expeditious manner and advise them on whatever questions or concerns arise. With over 40 years of experience in handling probate matters, we have guided hundreds of clients through the process of estate administration.

In addition to working with personal representatives, we also work with attorneys in other states who need ancillary administrations in Florida.

Representation of Beneficiaries
If someone close to you has died in the State of Florida, Hochsztein & Harrison-Jolly, P.A. can monitor the progress of the probate administration for you and ensure that you receive your fair share of the estate, according to the decedent's wishes or the laws of intestacy in Florida. You can count on us to represent your interests forcefully and effectively.

ESTATE PLANNING SERVICES OFFERED BY HOCHSZTEIN & HARRISON-JOLLY, P.A.

What is a Will?

A will is a written instrument which directs the distribution of assets upon death. There are formal requirements for a legal will, which vary according to state. Wills can be changed by codicil or revoked at any time prior to death. The main advantage of preparing a will is that it allows you to decide who will receive your property, instead of leaving it up to the laws of the state. You can also create a trust in a will (called a testamentary trust) which can direct certain terms under which assets are to be distributed, for example, that until a beneficiary attains a particular age, his or her portion of the estate shall remain in trust.

What is a Trust?

A trust is a legal agreement in which a grantor conveys property to a fidicuary, the "trustee," to control the disposition and distribution of assets based on the wishes of the grantor. Assets which are placed into a trust pass outside the grantor's estate, thereby allowing the avoidance of probate proceedings to transfer assets after death. There are many different types of trusts, some are revocable, some irrevocable. Some are set up during a person's lifetime, and they are referred to as "Living Trusts." Some are set up in wills and take effect upon death. These are known as "Testamentary Trusts." Some trusts are set up to avoid estate taxes and creditor claims, but not all trusts avoid taxes or creditor claims.

What are pre-emergency planning documents?

These are documents meant to serve as directives in the event that a person cannot make certain decisions due to incapacity or other emergencies. Common planning documents are the living will, the designation of health care surrogate, durable power of attorney and declaration of pre-need guardianship.

The living will conveys your wishes, in the event of your incapacity, as to the removal or retention of life prolonging measures under certain circumstances.

The designation of healthcare surrogate (also known as a medical power of attorney) allows you to name a person you trust to make medical decisions on your behalf in the event that you cannot.

The durable power of attorney allows you to name a person you trust to conduct your financial and business affairs in the event that you are incapacitated.

The declaration of pre-need guardianship indicates to the court who you would wish to be appointed your guardian in the event that guardianship proceedings are necessary.

We have worked with hundreds of clients to create comprehensive estate plans tailored to meet their circumstances and objectives. Our fees are affordable and we have the flexibility to meet with clients in their own homes or in health care facilities. 

GUARDIANSHIP SERVICES OFFERED BY HOCHSZTEIN & HARRISON-JOLLY, P.A.

Sometimes people are confronted with a loved one who can no longer take care of himself or herself due to some type of incapacity. The process of taking legal custody for the personal and financial care of an adult is called a guardianship proceeding. In a standard guardianship proceeding, an interested party petitions the court to be appointed as the ward's guardian. A panel of physicians examines the ward, and an attorney is appointed to represent the interests of the ward. The court will consider the physician's report and attorney's recommendation and if a guardianship is appropriate, will appoint a guardian.

A minor child who has received a sum of money or other financial asset as an inheritance, settlement, or gift can also be appointed with a guardian to hold the property until the child has reached the age of majority.

We have worked on all types of guardianship cases and often work with other attorneys to set up guardianships for minors who have received settlements in wrongful death or personal injury cases.

More information about probate, trusts, estate planning and guardianship can be found in FAQ and Articles. Please also refer to Our Services for a comprehensive list of matters we handle.