Complete Legal Services For Probate, Estate And Trust Administration

After a loved one dies, there follows the difficult task of distributing the estate through a legal procedure called probate. If you have never gone through this complex and often lengthy process, the steps and delays can be confusing and overwhelming.

Many people are unsure what to do after the death of a loved one. We can help. The lawyers at Burandt, Adamski, Feichthaler & Sanchez, PLLC, have assisted Cape Coral families through estate administration since 1974. We know the factors that commonly complicate probate, causing stressful interruptions and creating strain among family members.

Allow us to settle your loved one’s estate and relieve you of the burden. Call us at 239-542-4733 to discuss your concerns with a Florida probate attorney today.

Handling Simple And Complex Estate Matters

Whether your loved one prepared a will or had no estate plan, the administration of the estate may take months or years and involves many separate elements such as appraising assets, paying creditors and dealing with the questions of impatient heirs. Our goal is to take you through these steps as efficiently as possible, minimizing your family’s stress so you can focus on consoling one another. Services we offer include:

• Ancillary probate, meaning additional court proceedings if your loved one owned property outside of Florida
• Representation for clients who live out of state, but own property in Florida
• Creation of voluntary or involuntary guardianships
• Protection of the homestead and other rights of a surviving spouse
• Guidance through summary estate administration if your loved one died more than two years ago or if the estate is worth less than $75,000

Complicated issues arise when the terms of the will are in dispute. Family members can use the vague instructions in the document to block others from getting their share. If not, the named member on the decedent’s will may purposely fail to distribute assets properly to keep everything to themselves. These conflicts can tear the strongest bonds, leaving lasting and possibly irreparable impacts.

Our law firm can protect your rights as a beneficiary. It is not unusual for heirs to an estate to discover that their rightful inheritance has been stolen, often by another family member. We have decades of experience helping families through this painful situation.

Trust Administration

If your loved one’s estate plan includes a trust, the assets funded to the trust do not go through the probate process. The administration of a trust can be quite complicated, however, and we have the knowledge and experience to effectively administer your trust, working alongside other advisers and fiduciaries.

Types Of Trusts Available In Florida

Florida offers several trust options to meet different estate planning needs. Our attorneys can help you determine which type best suits your situation:

• Revocable living trusts: Provide flexibility and control during your lifetime while avoiding probate after death
• Irrevocable trusts: Offer tax benefits and asset protection but cannot be modified once established
• Special needs trusts: Help provide for disabled beneficiaries without disqualifying them from government benefits
• Testamentary trusts: Created within a will and take effect after death
• Charitable trusts: Benefit both charitable organizations and your beneficiaries while potentially reducing estate taxes
• Spendthrift trusts: Protect assets from beneficiaries’ creditors and poor financial decisions

Each trust type serves specific purposes in comprehensive estate planning, helping to address your unique concerns and goals.

Common Problems With Trust Administration In Florida

Even well-crafted trusts can encounter challenges during administration. Our attorneys help trustees and beneficiaries handle these common issues:

• Trustee conflicts of interest or breaches of fiduciary duty that can drain trust assets
• Improper asset valuation and distribution leading to disputes among beneficiaries
• Failure to comply with Florida’s unique homestead laws, which can complicate trust funding
• Inadequate communication with beneficiaries, often triggering suspicion and litigation
• Complicated accounting and tax filing requirements that exceed most trustees’ capabilities
• Disputes between beneficiaries over trust interpretation and distribution timelines

With proper legal support, these potential problems can be anticipated and addressed before they develop into costly disputes.

Benefits Of Trust Administration For Estate Planning

Trust administration offers significant advantages over traditional probate. This approach:

• Maintains the privacy of family financial matters, unlike public probate proceedings that expose all details
• Allows faster distribution of assets without court delays that can extend for months or years
• Minimizes estate taxes through proper planning strategies tailored to your financial situation
• Protects assets from potential creditors through various safeguarding provisions
• Provides for minor children or family members with special needs without jeopardizing their benefits
• Allows greater control over how and when beneficiaries receive assets, including multigenerational planning

These advantages make trust administration an attractive option for many Florida residents seeking to protect their legacy in the most efficient manner possible.

Types Of Probate Administration In Florida

Navigating Florida’s legal system after a loss requires understanding its three primary types of probate administration:

• Formal: A traditional and court-monitored probate process. This applies to families with large estates who own nonexempt assets exceeding $75,000 or when a court must appoint a personal representative to resolve complex disputes and creditor claims.

• Summary: A faster alternative process is available for families with estates that have nonexempt assets worth $75,000 or less, or if the decedent passed away more than two years ago.

• Ancillary: An ancillary probate is necessary when a non-Florida resident passes away while owning real estate or tangible property located within the state.

These options can help you select which type of probate administration fits your family, efficiently protecting everyone’s beneficiary rights.

Frequently Asked Questions About Florida Probate

Cape Coral families often have questions about the probate process and legal requirements for estate administration.

How is a will validated during probate?

The court validates a will by examining whether it meets Florida’s statutory requirements for proper execution. This includes verifying the document was signed by the testator in the presence of two witnesses who also signed the will, confirming the testator possessed the mental capacity to understand the document’s contents and making sure no evidence of fraud or undue influence exists. The court may also require witness testimony or other evidence to establish the will’s authenticity before approving it for estate administration.

What happens if someone dies without a will in Florida?

When someone dies intestate in Florida, state law determines how their assets are distributed among surviving relatives. Florida’s intestacy statutes establish a specific order of inheritance, beginning with the surviving spouse and children, and then extending to parents, siblings and other family members if no immediate family exists. The court appoints a personal representative to manage the estate according to these statutory distribution rules rather than the deceased person’s personal wishes.

What are the steps involved in probate administration?

Florida probate administration begins with filing the decedent’s will with the court after their death. This verifies the document’s authenticity, preventing bad actors from attempting to forge or alter it to steal money. Once verified, the court recognizes the named executor in the will or appoints one if there is none mentioned.

The executor must now identify, catalog and secure all of the deceased’s assets. Moreover, they must also track down and settle any remaining debts using the estate’s funds. Once the court approves the executor’s final financial accounting, the remaining assets are distributed and the estate is ready for closure.

Do all Florida estates have to go through formal probate?

No, not all estates must go through formal probate, as it is not mandatory. Only those with large or complex estates must proceed with this process. While probate serves the essential purpose of legally transferring assets and settling final debts, the state provides alternatives to reduce stress and avoid a months long court routine. This includes summary administration, disposition without administration and ancillary probate.

How long does the probate process typically take in Florida?

Florida probate duration depends on multiple factors, including estate complexity, beneficiary cooperation and potential disputes. Simple estates with clear documentation and cooperative beneficiaries may conclude within six to 12 months, while contested estates or those involving business interests, real estate complications or creditor disputes can extend beyond two years. Summary administration procedures may expedite smaller estates or those where the decedent died more than two years prior, potentially reducing the timeline to several months.