The Law Firm of KALIS & KLEIMAN Help Individuals Prepare for and Understand Probate

Jan. 11, 2012 - PRLog -- Contact
Scott Kleiman, Law Firm of Kalis & Kleiman
skleiman@kaliskleiman.com
(954) 791–0477
Kim Sailer, BARD Marketing/PR
ksailer@bardmarketing.com  

The Law Firm of KALIS & KLEIMAN Help Individuals Prepare for and Understand Probate  

Davie, FL – The Law Firm KALIS & KLEIMAN want to help individuals prepare for and understand probate. While thinking about or dealing with end of life issues can often be scary, overwhelming and emotional; the choices one makes ahead of time can make a big difference on what their family and beneficiaries have to deal with once you are gone.

Probate (http://www.kaliskleiman.com/Probate_Wills_and_Trusts) is a court-supervised process for identifying and gathering the assets of a deceased person (decedent), paying the decedent’s debts, and distributing the decedent’s assets to his or her beneficiaries. In general, the decedent’s assets are used first to pay the cost the probate proceeding, then are used to pay the decedent’s outstanding debts, and the remainder is distributed to the decedent’s beneficiaries. The Florida Probate Code (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Di...) is found in Chapters 731 through 735 of the Florida Statutes.

To help ensure a smoother or easier probate, it is important to have up-to-date estate plans ((http://www.kaliskleiman.com/Probate_Wills_and_Trusts) and Will ((http://www.kaliskleiman.com/Probate_Wills_and_Trusts). It’s also important to hire and experienced attorney to help ensure that your last wishes are carried out and one who will help safeguard your assets and make sure your assets and property is protected for your family.

The validity of a will is often challenged during the probate process. Challenges are often based upon errors in execution, unwarranted influence on the deceased when the Will was created, and incompetence of the deceased when the will was created.

When a person dies with a Will, a court generally has to have an opportunity to allow others to object to the Will and to determine if the Will is valid, incase:

* There was a later Will (which, if valid, may replace the older Will); or
* The Will was made at a time the deceased was not mentally competent to make a Will, or
* The Will was the result of fraud, mistake, or "undue influence"; or
* The Will was not properly "executed" (signed); or
* The so-called Will is actually a forgery; or
* For some other reason (such as a pre-existing contract) the Will is not fully valid; or
* There are other claims against the deceased's estate that impact what the beneficiaries under the Will would receive.

Any property owned by the deceased at the time of death may be included in the estate and subject to probate. This can include bank accounts, Certificates of Deposit, investment and retirement accounts. It may also include the deceased’s real estate holdings (http://www.kaliskleiman.com/Real_Estate) and personal property, such as automobiles, boats, jewelry, furniture, and artwork. The probate process also provides mechanisms for payment of outstanding estate debts and taxes (http://www.kaliskleiman.com/Real_Property_Taxation), for setting a deadline for creditors to file claims (foreclosing the possibility that old or unpaid creditors will haunt heirs or beneficiaries), and for the distribution of the remainder of the estate to the rightful heirs.

Probate, Wills and Estate administration procedures are often complicated. If you have questions (http://www.kaliskleiman.com/Family_Law_FAQs) regarding probate litigation, estate litigation, Will contests, unwarranted influence, guardianship disputes or lack of mental capacity lawsuits, contact (http://www.kaliskleiman.com/Contact_Us) KALIS & KLEIMAN at 954-791-0506.

The law firm of Kalis & Kleiman focuses on Commercial and Real Estate Law and Wills, Probate and Trusts. The firm was founded in 1996 and is headquartered in Davie, Florida, at 7320 Griffin Road, Suite 109. Attorneys, Neal Kalis, M. Scott Kleiman and Olga Ruiz Baken can be contacted at 954.791.0477. Additional information about the law Firm of Kalis & Kleiman may be obtained from the firm's website at http://www.kaliskleiman.com or on Facebook at http://www.facebook.com/KALISKLEIMAN.

# # #

Beyond All Reasonable Doubt Marketing is a strategic marketing firm focused on helping law firm clients become more successful through increased business. For more information, contact (561) 637-2576, info@bardmarketing.com, or www.bardmarketing.com.