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Probate Litigation

Probate is a complex legal process that helps prove or verify a deceased’s estate and divides assets and property among beneficiaries. Probate is a court-supervised procedure in which a personal representative identifies a decedent’s assets, pays their debts, and resolves outstanding issues before final distribution among the beneficiaries.

Under Florida law, there are two types of probate: formal administration and summary administration. Summary administration only applies when decedent has been dead for over two years or a decedent’s assets total less than $75,000.

I had another attorney helped me draft my will, but I did not feel as though my needs were properly addressed. I called Joe and he helped me to not only draft a newer and better will, but also to fully understand what I was signing! I trust his work and I am so glad I decided to have him take a second look. 

Matt Dzierbun

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Mr Martinez is an exceptional lawyer. He is very responsive, attentive and truly caring of his clients. He has always been readily available when I've needed him. I highly recommend him and will continue to depend on him when I need legal assistance! 

Eivette  Icaza

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Joseph Martinez is very knowledgeable in the area of Estate Planning and Wills. He pays attention to details and understands that these documents are unique and need to fit your specific circumstances. Joseph's understanding and compassionate personality helps take away the stress of creating such documents. I highly recommend! 

Gary Parkhurst

Probate is a complex legal process that helps prove or verify a deceased’s estate and divides assets and property among beneficiaries. Probate is a court-supervised procedure in which a personal representative identifies a decedent’s assets, pays their debts, and resolves outstanding issues before final distribution among the beneficiaries.

Under Florida law, there are two types of probate: formal administration and summary administration. Summary administration only applies when decedent has been dead for over two years or a decedent’s assets total less than $75,000.

What is Probate?

Probate is required in order to pass ownership of a decedent’s property and assets to beneficiaries. If the decedent has a valid will, it alone is not enough to pass assets to beneficiaries. Probate requires the identification of debts and liabilities and settling with creditors so the beneficiaries can receive the remainder of the estate.

Probate proceedings are filed in circuit court of the county in which the decedent resided or owned real property. Typically, an estate plan names a personal representative or administrator of an estate. Martinez Law can provide valuable assistance through the process by providing legal advice, complying with filing deadlines, and identifying any potential liabilities from healthcare providers, credit card issuers and the IRS.

Why is a Probate necessary?

Many people retire in Florida, leaving out-of-state loved ones to Probate their estate after they die. Martinez Law represents out-of-state family members going through probate administration in Florida. We can help families with many of the problems associated with probate administration. Our goal is to make this process as painless and convenient as possible.

Out of state and Probate

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Attorney, Joseph F. Martinez, helps clients to establish customized estate plans based on their unique situation and legal needs. When you select mlaw, we get to know you and the goals you have for yourself and your family.

Contact

12601 Gulf Blvd, Suite 6
Treasure Island, FL 33706

Tel: 727-363-1529

2202 N. West Shore Blvd., Suite 200, Tampa, FL 33607

Tel: 813-288-1529

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Affiliations

 

Florida Justice Association

Tampa Bay Trial Lawyers Association

South Tampa Chamber of Commerce

Treasure Island & Madera beach Chamber of Commerce

Pinellas County Hispanic Chamber of Commerce

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