As in other parts of Florida, estate distribution in Coral Gables can be more complicated than it might seem. If you have been nominated as a personal representative or executor of an estate, you probably have many questions about how to handle the distribution of the decedent’s estate to their designated beneficiaries. Regardless of whether the decedent left you with clear instructions in a will or trust, problems often arise, and you might need a qualified probate attorney to help you overcome them.
Attorney Ana M. Veliz has extensive experience answering questions about estate distribution and offering helpful guidance through the legal process.
Individuals in Coral Gables can be called upon to distribute someone else’s estate in different ways. The primary ways are within probate and outside of probate.
Regardless of whether the individual who died had a will, their estate could be subject to probate, which is a court-supervised legal process of distributing assets to both beneficiaries and creditors. If the decedent had a will, the probate process validates the will and gives the nominated personal representative the right to begin distributing assets of the estate, at the direction of the Probate Court. If the decedent died intestate, meaning without a will, the probate court appoints a person to serve as the estate’s personal representative and distribute the estate’s assets according to the laws of intestate succession, and at the direction of the Probate Court. Before the representative can disburse estate assets to beneficiaries, they must first pay off any debts or liabilities, and allow the estate’s creditors to claim their dues.
Some assets, such as those that are jointly owned where another person has survivorship rights, pass directly to a survivor without anyone else having to handle the distribution. Outside of jointly owned assets, estate distribution assistance is also helpful when a decedent’s estate does not have to go through probate. If an individual has been named as a successor trustee in a revocable trust, they would need to handle the distribution of the estate’s assets to the decedent’s beneficiaries.
An estate’s personal representative needs to distribute the estate’s assets in different ways, depending on the type and nature of the property. If the property to be distributed is the decedent’s home or other real estate, then it would transfer a real estate deed to the rightful beneficiary. If the personal representative needs to transfer money to the estate’s heirs, they can accomplish a transfer via check. If the property to be transferred is personal property, such as clothing, furniture, or jewelry, the personal representative can ship it or hand deliver it. Keeping records of how and when assets are distributed is critical in case a probate court or beneficiary asks to review them.
A Coral Gables lawyer could make the estate distribution process easier. Someone skilled in matters of estate law could take some of the stress and anxiety away from a grieving family by handling the estate distribution for them, allowing the family to focus on helping their loved ones through this difficult time, instead of spending energy on managing assets.
It can be challenging after someone’s death to address all the assets they owned, especially if they had accumulated significant wealth. At this stage, families are grieving. The additional burden of trying to adhere to a decedent’s wishes, whether they specifically outlined those wishes in a will, trust, or died intestate, can cause you to feel overwhelmed at this already sensitive and difficult time.
Speak with an attorney from Veliz & Associates, P.A. who could offer you needed guidance on estate distribution in Coral Gables.
We evaluate your case and determine how we might be able to help.
We will meet with you to discuss your next options and lay out a plan.
Our team guides you throughout the process so you feel confident about your choices.
(305) 250-9917