Lake Worth Probate Law Firm Serving the Entire State of Florida
How Our Probate Lawyers Help
Marecki & Medolla has the experience to write a will for our clients that protects them and their loved ones.
Wills: It is absolutely critical to create a will so that you can specifically design and control as how and to whom all of your assets will be distributed.
In the event you die without preparing a will, the risk exists that you property will not go to whom you intend. Similarly, it is very important that you create your health care directives so your family knows your wish.
It is important to remember that the person signing the will must be least 18 years of age and mentally competent. The will must be in writing and witnessed and notarized by all involved parties.
In addition, a proper will assist with the following benefits as well:
- Addressing and reducing any unnecessary tax consequences
- Removing the difficult elements of the formal probate administration process
Marecki & Medolla will assist you in helping you create a will to always confirm that not only you but also your family and the people that you love are protected.
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Lake Worth Probate Law Firm
There are three primary kinds of advanced healthcare directives:
Living wills: Design the precise and exact kind of end-of-life medical treatment that you wish
Durable power of attorney: Assign to the person you trust to completely handle and control the financial and legal issues in your life
Healthcare surrogate designation: Decide upon a trusted person to make healthcare decisions
Marecki & Medolla will take the time to have the conversations with you in order to determine the correct healthcare decisions and designations for your life.
Please call us today to create your estate decisions so you can have peace of mind.
Your Personal Probate Attorney
The Process of Probate
During the probate process, the first thing that actually occurs is that a personal representative is generally selected by the assigned judge that presides over the probate case at hand.
The personal representative has many important functions such as:
- Analyzing the letters of administration
- Settle and address the debts and obligations of the decedent’s Estate such as credit card obligations, contracts, leases or the like.
- Generally speaking, the creditors have 3 months to respond to the notices and if they do not. Then the Estate may not be required to pay that particular debt.
It is possible to have a personal representative removed if they are not doing a good job in the opinion of an interested person in the Estate.
Marecki & Medolla can be retained to serve as the personal representative and administer the Estate if the family wishes.
Marecki & Medolla will attempt to render this process as stress free and simply as possible as this is clearly a difficult time for everyone.
The End of the Probate Proceeding
Once the probate assets have been categorized and the petition for discharge is submitted to the court, it must be approved by the probate judge.
If the judge does not approve, the personal representative must go back and re-analyze the estate. If a petition for discharge is disapproved, it is usually attributed to problematic accounting or a challenge to the distribution of the estate’s assets.
If the discharge is approved by the judge, it will state that the personal representative for the probate wound down the estate properly and that the estate is officially closed via an order of discharge.
Once the personal representative of the Palm Beach County probate is discharged, the process is over.