Probate and Guardianship

Buckles Law provides representation in probate proceedings when someone passes away and there are “probatable” assets. The probate process is designed to assure that heirs, beneficiaries, and creditors obtain what they are properly due upon someone’s death. In most cases, state law requires that a person seeking to file a probate petition obtain the assistance of counsel. Although the probate process may appear cumbersome, well-established statutes, rules, and procedures often impart interested persons with certainty and assurance during a difficult or transitional period of time.

The firm also provides legal services to guardians under Chapter 44, Florida Statutes. A guardian is a surrogate decision-maker appointed by the court pursuant to Florida law to make personal and/or financial decisions for a minor or adult with mental and/or physical disabilities. After adjudication, the subject of the guardianship is termed a “ward.” Florida law provides for the appointment of a guardian for a minor in circumstances such as where the parents die, are unable to care for a child, or if a child receives an inheritance or proceeds of a lawsuit or insurance policy exceeding the amount parents are allowed by statute to receive on behalf of their child. Adult guardianship is the process by which the court finds an individual’s ability to make decisions is impaired such that the court gives the right to make decisions to another person or entity. Guardianship is only warranted when no less restrictive alternatives, such as a durable power of attorney, a trust, a health care surrogate or proxy, or another form of pre-need directive, are found by the court to be appropriate and available. Legislative intent establishes that the least restrictive form of guardianship is desirable if it is in the best interest of the ward.

Contact attorney Mark Buckles if you have a potential probate or guardianship matter in Florida.

Tel. (407) 562-1989
Fax (407) 562-2001

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