Elder Law : Probate Administration

Probate is the process that occurs after someone’s death, in which the decedent’s assets are transferred to the decedent’s heirs in accordance with his or her wishes.  The probate administration process can be relatively simple if you have the guidance of an experienced elder law attorney.  It is usually an emotional and challenging time, in which the attorney must show special sensitivity in guiding the heirs, who are recently grieving the loss of a loved one, through the legal process. 

Probate administration takes place one of two ways.  First, if the decedent has left a valid will, a personal representative who is named in the will (also known as an “executor” in other states), is responsible for compiling the decedent’s assets, paying off the decedent’s debts, and distributing the assets to the beneficiaries named by the decedent in the will. 

Second, if the decedent passed away without leaving a valid will, Florida statutes dictate how the decedent’s assets shall be distributed between his or her heirs.  A variety of exceptions apply, and you should discuss whether these exceptions affect you with an experienced elder law attorney. 

Blog for Elder Law

  • Study Shows Older is Really WiserDescription: If you have concerns about meeting the legal needs of your elderly parents, do not hesitate to contact Rooth Law Group today for a consultation, 727-797-9600 in Pinellas County, 813-333-6517 in Hillsborough County & 727-232-3912 in Pasco County.
  • Advanced Directive Awareness Necessary as Ever, 5 Years After Schiavo DeathDescription: Americans today are no closer to making end-of-life plans, five years after Terri Schiavo’s death following a lengthy legal battle over her “right to die.” The majority of Americans do not have the legal documents specifying how far to allow caregivers to go in keeping them alive artificially. If you need an attorney to help you in drafting a living will or advanced directive, please contact Rooth Law Group today: 727-797-9600 in Pinellas County, 813-333-6517 in Hillsborough County & 727-232-3912 in Pasco County.
  • Helping Family in Tough Economic TimesDescription: In planning for the future, we often want to help our heirs but the current recession has interfered with those plans for many elderly people today. Despite good intentions and responsible financial decisions over the years, many people have found themselves in an unexpectedly vulnerable economic circumstance where they are barely able to provide for their own futures, let alone the future of others. If you would like to discuss and plan for the future of your estate, contact Rooth Law Group at 727-797-9600 for a consultation today.

Library for Elder Law:

  • Your Options for Choosing a Power of Attorney in Florida
    Description: If you are thinking of creating a Last Will and Testament and want to know what options you have in choosing a power of attorney in Florida, Rooth Law Group can advise you about your choices. Contact us today for a consultation: 727-797-9600 in Pinellas County, 813-333-6517 in Hillsborough County & 727-232-3912 in Pasco County.
  • Choosing a Personal Representative for Your Will
    Description: If you are in need of an elder law attorney to assist you in choosing a personal representative and drafting your will, contact Rooth Law Group today to discuss your options: 727-797-9600 in Pinellas County, 813-333-6517 in Hillsborough County & 727-232-3912 in Pasco County.
  • Choosing an Attorney-in-Fact for Your Power of Attorney
    Description: Do you or a loved one need help drafting a power of attorney? Are you having trouble deciding who to name as your attorney-in-fact on your power of attorney legal document? Call Rooth Law Group today for a consultation: 727-797-9600 in Pinellas County, 813-333-6517 in Hillsborough County & 727-232-3912 in Pasco County.
  • Avoiding Probate Under Florida Law
    Description: Probate is the procedure by which a decedent’s will is proven to be valid to the probate court. Probate administration can be a long and tedious process, depending on how large and complex the decedent’s estate is. It can also be very expensive. The probate administration process is characterized by red tape, delay, and burdensome court filings. Because of these drawbacks to probate, some people opt to avoid the entire process. There are options available to you if you are interested in avoiding probate, but in order to do so, you must plan ahead. Contact the Rooth Law Group at 727-797-9600 (Pinellas), 727-232-2912 (Pasco), and 813-333-6517 (Hillsborough) to make an appointment today.

Frequent Questions for Probate Administration:

  • What assets are included in probate administration?
  • How long does probate take?
  • What does probate mean?

Web Resources for Elder Law:

  • National Center on Elder AbuseDescription: A resource for those who need to find out what to do to get help when elder abuse is suspected. 
  • Academy of Florida Elder Law AttorneysDescription: Academy of Florida Elder Law Attorneys is an organization of lawyers in the private and public sectors who work with legal issues affecting elderly and disabled clients.
  • AARPDescription: The AARP’s official site.
  • Elder Law AnswersDescription: Informational site on a variety of issues affecting the elderly.

The Rooth Law Group represents clients throughout West Central Florida, including:
Pinellas County: St. Petersburg, Clearwater, Gulfport, Largo, Pinellas Park, Indian Rocks Beach, Kenneth City, Madeira Beach, Seminole, Redington Beach, Oldsmar, Tarpon Springs, Odessa, Safety Harbor, Holiday, Spring Hill, Hudson, Zephyrhills, Dunedin, Belleair Bluffs, Belleair Beach, Palm Harbor, Treasure Island, Indian Shores, Tierra Verde, Bay Pines, Belleair Shore, South Pasadena, Crystal Beach, Pasadena.

Hillsborough County: Tampa, Apollo Beach, Brandon, Carrollwood, Dover, Gibsonton, Lithia, Lutz, Northdale, Palma Ceia, Pebble Creek, Plant City, Riverview, Ruskin, Seffner, Sulphur Springs, Sun City, Temple Terrace, Thonotosassa, Town n’ County, Valrico, West Chase, Wimauma, Ybor City.

Pasco County: New Port Richey, Dade City, Gulf Harbors, Hudson, Land O’ Lakes, Odessa, Port Richey, Saint Leo, Shady Hills, Trinity, Wesley Chapel.

Manatee County: Bradenton, Anna Maria, Holmes Beach, Ellenton, Longbeach, Longboat Key, Manatee, Palmetto, Parrish, South Bradenton, West Bradenton, Whitfield, Whitney Beach.