Probate & Guardianship

Miami Beach, Miami, Broward County, Probate administration and estate management and distribution of property/inheritance, Guardianships, Competency/capacity determination

What is probate administration?

        Probate administration means the legal process by which  a person’s assets are distributed to those entitled after death.  If there is a valid will, the administration is based on the terms of the will.  The Will nominates or names who will be the personal representative and that person after being appointed by the court with the assistance of an attorney manages the administration of the estate.  If there is no will,  the laws of Florida will have the administration through our intestate statutes which list by priority who can be appointed as the personal representative and that person, appointed by the court with the assistance of an attorney, manages the administration and distribution of the estate based on statutory guidelines.  The assets are based on what the decedent owned as of date of death and debts are also based on what was owed as of the death of death.  The process does not have to take long but if the decedent left few records and limited information, the process can get complicated.  If there are numerous claims, demands from creditors, the claims have to be resolved.

Steps in the probate administration process

        File a petition of administration, listing heirs/ beneficiaries, requesting the appointment of the personal representative
        Work with the personal representative so the person is aware of their responsibilities and fiduciary duties
        Marshal and value the assets and determine what debts and creditors are involved
        Notify creditors and interested persons
        Locate missing heirs
        Payment of legitimate debts and claims
        Prepare and pay all required Federal tax returns
        Distribution of assets based either on the decedent’s Last Will or Florida’s intestate statutes
        complete all court pleadings to conclude the probate administration and obtain Final Order of Discharge

        To inquiry about your needs concerning a probate administration, call our office at 305-867-1313 to schedule an appointment.

        Delay in beginning the probate administration process can result in problems that will require more time and money to resolve.  At the Offices of Judith A.  Frankel, our more than 35 years of an active probate administration, will guide us in avoiding and resolving most probate administration problems before the little problem becomes a major concern.

        As it is said, were there is a will, there can be a lawsuit.  At the offices of Judith A.  Frankel, we will advise and counsel the personal representative as well as persons who are interested in contesting a will. 

        In today’s economy we understand the need to provide cost-effective services and this office has handled estates of all sizes.  To find out more about what services we provide regarding this office’s handling of a probate administration or litigation, contact the office at 305-867-1313 to schedule an appointment or judithfrankelinfo@gmail.com

        After 35 years of active probate administration practice and estate planning, the most efficient process is one in which the plan is to minimize the procedure.  Our office can assist in the creation of estate planning vehicles including a properly drafted and executed Last Will and Testament, advance directives such as a Living Will, Health Care Surrogate Designation, HIPPA personal representative, as well as irrevocable insurance trust, revocable trust.  Call our office or send us an e-mail to make an appointment so we can discuss what is the right estate planning and personal directive for you.

Elder exploitation

Broward/Miami/ Miami Beach, Florida elder exploitation civil recovery attorney

Elder exploitation

        The words are ominous.  The most common form of exploitation is economic either by unauthorized use of the credit card, writing checks or even more grievous, influencing the victim by intimation, confusion or subterfuge to sign a quit claim deed transferring the property out of the victim’s name.  The Miami-Dade Clerk’s office will send a letter to the victim when a quit claim deed is recorded.  At that moment the victim feels embarrassed, depressed, helpless thinking that their home has been lost. 

        Not so.  At the law offices of Judith A.  Frankel, we have successful litigated the return of the property based on fraud, misrepresentation, undue influence, over reaching.  Although there is a possibility that the matter can be prosecuted as a 3rd degree felony, a prosecution won’t get the home transferred back.  We work with our clients to resolve unauthorized credit card charges and assist in assuring that the client regains control of the checking and savings accounts.

        If you know of a family member, friend or member of your congregation that may have been a victim of elder exploitation, call or e-mail the office of JUDITH A.  FRANKEL to arrange a conference.  Our office is centrally located on Miami Beach.  Our office telephone number is 305-867-1313 or e-mail us at judithfrankelinfo@gmail.com.

WHAT IS A GUARDIANSHIP?

A guardianship is a legal proceeding in the circuit courts of Florida in which a guardian is appointed to exercise the legal rights of an incapacitated person.

WHAT IS A GUARDIAN?

A guardian is an individual or institution such as a bank trust department appointed by the court to care for an incapacitated person-called a "ward" or for the ward's assets.

HOW IS A PERSON DETERMINED TO BE INCAPACITATED?

Any adult may file with the court a petition to determine another person's incapacity setting forth the factual information upon which they base their belief that the person is incapacitated.

The court then appoints a committee of three members, usually two physicians, and another person who by knowledge, skill, training or education can report its findings to the court. One of the three members of the committee must have knowledge of the type of incapacity alleged in the petition and each member of the committee must submit a report of his/her findings to the court.

The examination of the incapacitated person must include 1) a physical examination, 2) a mental health examination and 3) a functional assessment.

The court also appoints an attorney to represent the person alleged to be incapacitated. If the examining committee concludes that the alleged incapacitated person is not incapacitated in any way, the court will dismiss the petition. If the examining committee finds the person to be incapable of exercising certain rights, however, the court schedules a hearing to determine whether the person is totally or partially incapacitated. A guardian is usually appointed at the end of the incapacity hearing.

WHO MAY SERVE AS GUARDIAN?

Any adult resident of Florida can serve as a guardian. A close relative of the ward who does not live in Florida may also serve as a guardian. Persons who have been convicted of a felony or who are incapable of carrying out the duties of a guardian cannot be appointed. Institutions such as a bank trust department, a nonprofit religious or charitable corporation, or a public guardian, can be appointed guardian, but a bank trust department may only act as guardian of the property. The court gives consideration to the wishes expressed by the incapacitated person in a written declaration of preneed guardian or at the hearing.

The Court may not appoint a guardian in any circumstance in which a conflict of interest may occur.

WHAT DOES A GUARDIAN DO?

Law Office of Judith A.  Frankel
Miami Beach, Florida 33140
Telephone: 305-867-1313
fax: 305-861-1111
e-mail: judithfrankelinfo@gmail.com
       
Our office is handicap accessible and ample free parking