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Probate Litigation

Probate litigation includes guardianship disputes, will and trust disputes, involuntary hospitalizations, and competency hearings. A large estate usually results in litigation if there is no will. Families may dispute a will or trust after a loved one passes away. Any financial or property issues require probate litigation. There are unique rules and moving parts for each type. The estate planning process is not always straightforward, and disputes may arise even when the decedent had a solid estate plan. mlaw's probate litigation attorneys handle disputes involving wills, trusts, or other aspects of probate law.

There are two types of actual probate administration in Florida: summary and formal administration. For smaller estates, summary administration may be an option. To qualify for summary administration, either the decedent must be dead for more than two years, or the total value of the probate estate, excluding the value of the exempt property, may not exceed $75,000. Formal administration starts with a petition to open the estate and the appointment of a personal representative to administer the estate properly.

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

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

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

The word probate means to prove. In Florida, the probate court is where certain matters pertaining to a deceased person’s estate and assets are transferred through a judicial proceeding. Probate is the court’s way of making sure a person’s wishes are honored as they would have wanted them to be.

We are here to help you when a loved one has passed, and their assets need to be transferred to the beneficiaries. In Florida, that process can be very confusing. We can walk you through those unknown paths.

What is Probate?

Probate is required 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 is only needed when a person passes away with assets in their name only.

Why is a Probate Necessary?

  • There is a bank or investment account titled in the deceased person’s name alone.

  • They had a home with no one else’s name on the title.

  • They owned a business and there is no one to take over.

  • They had life insurance with no beneficiaries named.

  • Someone holding assets told you that you need “court papers.”

Probate administration is necessary for your deceased loved one when:

At mlaw, our St. Petersburg probate litigation attorneys 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. Our firm has a statewide probate litigation practice and is frequently retained by out-of-state individuals who are involved in Florida probate litigation.

Out of State and Probate

Many confusing situations arise when someone passes away. Who is entitled to their property? Do they have debts or assets? Who ensures everything is done correctly? Answers to these questions are not always obvious. mlaw understands how difficult it can be after a loved one passes away. Keeping an estate's probate process efficient and timely is not only our priority, but we also ensure that it is done empathically and sensitively.

Finding a Solution to Probate


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