Guide on How Guardianship Proceedings is Commenced under Probate Law

“My last Will and Testament contained errors that adversely affected my estate and triggered Probate and guardianship proceedings against me. The court obliged by requiring some minor changes to my will. Although I was pleased with the result, the process left me with many unanswered questions. What next? What would happen to my estate?

 

My next challenge was to obtain the help of probate and guardianship lawyers with experience in these matters. After careful consultation with my legal advisor, I decided to proceed with the next step in the probate and guardianship process. “How can I go about making changes to my Will?” My probate lawyer asked. “You need a qualified attorney with experience representing clients in probate and guardianship matters,” I responded.

“My experience as a probate and estate planning lawyer in Miami, Florida, includes working with individuals and families,” my probate and guardianship lawyer replied. “Your situation is not unique. Many persons facing probate and guardianship issues are referred to my office. We can assist you with making a more informed decision with regard to your estate plan.” he added.

 

My next challenge was to learn what forms of guardianship exist and who is qualified to make those decisions on my behalf. Again, my probate and estate planning lawyer were helpful. “In California, guardianship is generally a limited partnership,” he answered. ” Guardianship is further divided into several classifications. One such class is informal guardianship, another is limited parental guardianship and, in some cases, sole guardianship or primary guardianship.

 

“My question was, if the person who has the power to decide my affairs is himself or herself unfit to make those decisions, how could a trust be established? In California, practically anyone can set up a trust. A trust is simply a legal document that takes the place of your existing wills and trusts.” my estate and probate lawyer said.

 

“That is not quite the answer you want to hear,” I said. “When a person is incapacitated, they cannot sign a will. The person cannot control assets. The person cannot instruct whom those assets will be invested by, or to whom they will pass when incapacitated. A person who is incapacitated cannot establish a will.”

 

Then I explained how probate and the power of attorney works. Probate allows an individual to avoid probate and the potentially lengthy and costly probate court proceedings that can cripple an estate. Power of attorney names someone to act on behalf of an incapacitated person or an incompetent person. If the appointed agent does not take the duties and responsibilities imposed upon them by their appointing authority, they are subject to civil action by the person who appointed them.

 

So in summation, qualified individuals have many options in establishing a will or trust. They can do it themselves, appoint a lawyer to do it, or use a probate court. But, whatever they do, they must understand and recognize that appointing a qualified lawyer to make their will and trust will create an estate that will be under the supervision of the probate court. They must recognize and understand all of the powers and duties that go along with making a will or trust. And they must appoint someone with the appropriate legal powers to administer the powers conferred upon them by the will or trust.

 

An estate is a complex entity. It requires many different people to perform various tasks. In many cases the most effective way to handle an estate is through the established channels of probate and guardianship. Probate and guardianship provide individuals with the expertise they need to deal with the many important decisions that occur in their estates. And guardianship provides the qualified professional who has the training and experience necessary to protect their client’s interests.

 

probate lawyer in MiamiUnfortunately, many individuals do not realize that there is only one qualified and empowered professional who knows the technical and financial details of probate and guardianship. This is the probate court appointed Special Master. The Special Master’s job is to supervise the process of making a will and determining its design and implementation, and then having it supervised by an appointed guardian ad litem, or individual who has been specially appointed by the court to act in the individuals best interest in the administration of their estate. The Special Master is the person whom the individual entrusted with their personal property will confide in about their last will and testament, said a probate lawyer in Miami.

 

When individuals are dealing with probate and guardianship, they should always seek the advice of a qualified lawyer. A lawyer will have the necessary information to guide them through the legal processes and help them through the process as smoothly as possible. A good lawyer will help you establish the precise purpose of probate, and the specific role and duties of the appointed guardian or custodian. Most importantly, the lawyer will help you identify your exact rights and ensure that your interests are safeguarded.