Probate Q & A — Miami, Florida Probate Law Firm
Bryant Law Firm has compiled a list of questions common to our clients. While our answers are brief, we hope that you may gain some insight into your questions and concerns about probate, will contests or international probate matter.
We provide probate guidance, probate litigation and other legal services for clients who are U.S. citizens, non-residents and undocumented residents and clients throughout South America and Caribbean, including Cuba. Please call to meet our attorney and to discuss your concerns in more detail.
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Is a lawyer necessary in probate?
Unless its a disposition of personal property, Florida law requires that a lawyer assist in probating an estate.
Can a person who is in the United States illegally serve as the executor of an estate?
You do not have to be in this country lawfully, nor do you have to be a citizen of the U.S. to receive an inheritance or to serve as the executor (administrator) of an estate.
Can I use my parents' will to show that the inherited property is mine?
No, a recorded will is not enough proof for the title of the property to be changed into your name. Depending on the facts of the case, an Administration, either summary or formal, is required.
My deceased parents had a lot of medical debt. Will I have to pay that debt?
The debt owed is paid out of the estate. If the estate is not able to cover all of the debt, the representative and beneficiaries are not liable for the remaining debt.
If my spouse dies, and everything we own is in both of our names, do we need to probate the estate?
In most cases, you do not have to go through probate. Surviving spouses assume ownership on property held "by the Entireties" or "with right of survivorship." Similarly joint bank accounts need to be probated.
My father just died. He was living in Florida. I live in Venezuela and was appointed executor in his will. How can you help me probate the estate?
If the will is not contested, you do not need to be in this country to probate the estate. All paperwork and communications can be covered through mail, e-mail, phone and video conferencing. Your lawyer, however, must be licensed in Florida.
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If you have questions or concerns about how to best protect your interests and pass on your legacy, please e-mail or call Bryant Law Firm for a free initial consultation today: 888-423-7158 or 305-742-0007. Hablamos español.
