Best Consumer Protection Lawyers in Brandon, FL

Probate is required to distribute ownership of assets. Common examples include ownership of bank accounts, investments, properties, motor vehicles and mobile homes.

If the deceased owned property in multiple states than multiple proceedings will need to be established. Each state has the exclusive jurisdiction to transfer title to property contained within its borders. If dealing with a Florida resident who has died, Florida will open a primary proceeding and the foreign state will have a smaller ancillary proceeding opened for the specific and limited purpose of distributing property.

During the course of a probate administration the Personal Representative has an obligation to gather the assets and thereafter pay all valid creditor claims. Your probate attorney will instruct you regarding the validity of creditor claims and the timeliness of creditor claims. Invalid or untimely claims should not be paid. In the scenario where claims exceed assets, creditors are entitled to a pro-rate share of the remaining assets after costs of administration, attorney fees and personal representative fees pursuant to Florida Law.

The range for probate administration cases varies drastically. The small estate proceedings, called Summary Administrations are very shorty, typically between 3-5 weeks. The larger estate proceedings, Formal Administrations, can vary widely depending on the size of the estate, creditor claims, whether the beneficiaries can easily been identified and located and various tax issues. All that being said, typically a formal administration is completed from between six months to a year.

An Examination Under Oath or EUO is a procedure where an insurance attorney is able to ask questions regarding a loss in a format almost identical to a deposition before the carrier makes a coverage determination. In Florida the EUO is not a voluntary matter, it is typically required upon the request of the insurance carrier and is typically a pre-condition to payment. If you have been required to sit through an Examination Under Oath, make sure you consult with an experienced property damage attorney.