Real Estate Attorney Jacksonville Fl Free Consultation – We at the Malhotra Law Firm offer our deepest condolences for your loss. Our goal is to make the trial process as easy and stress-free as possible. If you have assets (such as a bank account, investment account or property) that you cannot access because they are in the name of someone who has died, we can help.
We offer free, no-pressure consultations where we can guide you on the most appropriate next steps. Collectively, our staff has helped thousands of clients and has decades of experience guiding you through this court process. Call our offices today, and same-day consultations are possible in most cases.
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In Florida I had a small estate to probate and most attorneys either wouldn’t talk to me or quoted me $3,500 or more. This law firm did it in a few months for $2,500. I would highly recommend.
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This law firm quoted me a fee less than half of what other lawyers were asking. They handled my case quickly and it was a pleasure working with them.
I had dealt with law firms before and it was a refreshing change. They charge very reasonable prices and Cyrus is very knowledgeable.
Office staff are on site Monday to Friday from 09:00 to 17:00 and we offer face-to-face meetings with all our clients.
24/7 by appointment. Experience a local law firm with local law firm pricing while enjoying a large law firm staff.
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This law firm impressed me from day one. They are efficient and everyone knows probate. This law firm turned what I thought was a painful experience into the best experience I have ever had with a law firm. Thank you! Mary G.
Often clients are confused about what to draft a will. Simply put, we help people who have a legal right to a decedent’s estate through a will or Florida statute. A will is the process of “unsticking” that property.
The trial process involves several steps. The timelines below are the minimum times required for each phase. It could easily take longer depending on your cooperation with our requests and if other unforeseen events occur. These timelines are estimates and should not be considered a guarantee.
After hiring the Malhotra Law Firm, you will receive an email with specific instructions regarding the documents and information needed to prepare your court filings. We require each item to comply with Florida law and it is the customer’s responsibility to provide us with the required documents. Failure to provide us with each item requested may result in the inability to prepare the necessary documents and cause delays.
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At this point we will send the documents to all interested parties for signature. After we receive the signed documents and make the final payment, we will file the case with the probate court. Note: We book cases in batches, not immediately after payment. Submission will be completed within 7 working days after receipt and verification of all remaining items.
The Malhotra Law Firm makes no promises about when the case will end or any specific outcome. We will act as quickly as possible to close the case in accordance with our caseload and to properly protect your rights. Nothing in this Agreement shall be construed as a guarantee or promise regarding the outcome of this matter.
At this point we will send the documents to all interested parties for signature. After we receive the signed documents and pay the second installment, we will file the case with the probate court. Note: We book cases in batches, not immediately after payment. Submission will be completed within 5 business days of receipt of all remaining items.
We currently file a notice to creditors in a newspaper publication and wait 90 days under Florida law for creditors to file a notice of claim. During this time, the personal representative also conducts an inquiry to gather information about all assets.
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At the end of the creditors’ period, we will provide the judge with a list of all creditors, all assets and the proposed distribution after final payment to our law firm for legal fees. Then our office negotiates with all creditors to reach an agreement. Once the judge approves the division, the probate period ends and the assets are transferred.
Probate is a court-supervised process to determine and collect the deceased’s assets, pay the deceased’s debts and distribute the deceased’s assets to his or her beneficiaries. Generally, the deceased’s assets are first used to pay the costs of the probate process, then used to pay the deceased’s outstanding debts, and the remainder is distributed to the deceased’s beneficiaries. Florida probate law is found in Florida Statutes Chapters 731 through 735, and the rules governing Florida probate procedures are found in Florida Rules of Probate, Part I and Part II (Rules 5.010-5.530).
There are two types of probate administration under Florida law: formal administration and summary administration. Abbreviated administration is allowed when the value of all non-exempt assets is less than $75,000 or when the decedent dies 2 years earlier. It is necessary to have all data (account numbers, life insurance policies, etc.) in a summary administration. There is also a non-judicial administrative procedure called ‘disposition of personal property without management’.
Estate administration involves complex considerations that require the guidance of an experienced estate planning attorney. Accordingly, Florida statutes and court rules require the assistance of a Florida attorney to manage the assets of a Florida formal administration. There are several types of probate in Florida. A Florida attorney can advise you on what type of probate to open in Florida courts, depending on the assets in the estate at the time of the decedent’s death.
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The settlement of the estate refers only to the assets of the estate. Inheritance property is property owned solely by the testator at the time of death or owned by the testator and one or more co-owners without a provision for automatic ownership after death.
A bank account or investment account in the deceased’s sole name is an asset of the estate, but a bank account or investment account owned by the deceased can be paid after death or transferred to another person after death or together with another person is held with rights of survivorship. person. , is not probate property.
A life insurance policy, annuity contract or personal retirement account payable to a specific beneficiary is not probate property, but a life insurance policy, annuity contract or personal retirement account payable to the deceased’s estate is property.
· Property held in the name of the testator or let jointly in the name of the testator or in the name of another person are probate assets (unless it is an estate), but real property in the name of the testator to whom one or more persons have the right of survivorship as joint tenants are not probate property.
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· Property owned by a husband and wife does not pass to the surviving spouse after the death of the first spouse to die.
One of the primary purposes of probate is to ensure that the deceased’s debts are properly paid. The personal representative must make diligent efforts to actually notify ‘known or reasonable’ creditors of the estate. This gives creditors the opportunity to file claims against the decedent’s estate, if any. Creditors who have received a notice of probate generally have three months to file a petition with the clerk of the circuit court. An objection to the lawsuit can be filed by a personal representative or another interested person. If an objection is filed, the creditor must file a separate independent case for the collection of the claim. A claimant who files a claim in probate proceedings must be treated as a person interested in the probate estate until the claim is settled or until the claim is found invalid.
The deceased’s legitimate debts, including in particular claims, taxes and costs of settling the deceased’s estate, must be paid before distribution to the deceased’s beneficiaries. The court will require the personal representative to file a report stating all claims filed against the estate and will not allow the estate to close unless those claims are paid or settled.
A will is required to transfer ownership of the decedent’s estate to the decedent’s beneficiaries. If the testator left a valid will, and the will was not accepted for judicial evaluation, that
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