Florida Probate
Probate is the legal process of passing the assets of a deceased person to his or her heirs upon the settlement of all debts to creditors of the deceased’s estate. Under Florida law, upon the death of an individual, an estate is created in the name of the deceased to ensure the protection and smooth transition of legal title in accordance to the decedent’s wishes.
The Attorneys at Miller & O'Neill have extensive knowledge in probate administration and litigation. To find out more about our probate services please visit the pages below and to see common questions regarding probate please visit our Florida Probate Resource Center.
Estate and Trust Services
Advice regarding, and preparation and
execution of, wills, trusts, advance directives, and
other estate planning instruments and structures, for
basic and complex estates; formation and implementation
of partnerships, corporations, limited liability companies,
and related operating agreements, in connection with
estate, tax or business planning; representation in
related real estate transactions.
Probate and
administration of all estate and trust instruments, tailored
to the clients’ needs; advice and representation
concerning contested administration issues, including
but not limited to elective share or homestead disputes,
creditors’ claims, fiduciary compensation, and prudent
investment issues; representation of fiduciaries in connection
with accountings and petitions for discharge.
Full service
representation before, during and after litigation concerning
all trust, estate and fiduciary matters, including but
not limited to will and trust contests, breach of duty
claims, asset disputes, contested guardianships, construction
issues, and contested accounting proceedings.
We handle all phases of active litigation, from inception
through trial and appeal. Our attorneys can testify as
expert witnesses on a wide variety of trust, estate and
guardianship matters.
Representation
of any interested party in all phases of guardianship
proceedings, both standard and contested; representation
of court-appointed guardians.
If requested
to do so, we mediate trust, estate, fiduciary and related
litigation matters and disputes and we will seek to facilitate
resolution of trust, estate and guardianship conflicts
in our roles as mediators.
We, at Miller
& O’Neill, help our clients facilitate the creation
of private foundations and public charities and approval
from the IRS and the State of Florida. |
