Rebecca M. Becker - Attorney At Law & Certified Mediator

Ormond Beach, Florida

(386) 672-4365

Probate and Estate Information

 

A will contest can result in a significant delay in the distribution of a loved one's assets. Also, because the costs of will contest are paid out from the estate, the available funds can be significantly depleted. If you are concerned that a will may be subject to a will contest, contact an experienced probate and estate administration attorney right away.


Lawyer Rebecca M. Becker focuses on helping you to make informed choices. Elder law and Estate Planning attorney Rebecca M. Becker prepares wills, trusts, powers of attorney, designations of health care surrogate and other asset protection and estate planning documents for clients in Flagler and Volusia County in Florida, including Daytona Beach, Port Orange, New Smyrna Beach, Edgewater, De Land, Deltona, Pierson, Palm Coast and Flagler Beach.

Probate and Estate Administration - An Overview

Estate administration refers to the process of probating the estate of a decedent, which generally includes collecting, inventorying and appraising assets; paying and collecting debts; filing and paying estate taxes; and distributing any remaining assets to beneficiaries. An attorney experienced in probate and estate administration can help simplify this complicated process. If you need help in the administration of an estate, call an attorney in your area today.

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The Probate Process

Probate is the court process used to determine the validity of a will and oversee the payment of creditors and distribution of estate assets. Even if there is no valid will at the time of death, the estate will still go through the probate procedure. Since probate is regulated by state laws, there are specific procedures proscribed by each state for carrying out the process.

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Will Contests

The fact that a person (the decedent) leaves a will does not guarantee that the decedent's property will be distributed according to the will's terms. A court generally must provide an opportunity to allow others to object to the will, and a challenge may be brought by anyone with an interest in the will who believes the document is invalid in some way. A will contest is an action challenging the validity of the will and is commonly governed by state statutes.

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Frequently Asked Questions about Probate and Estate Administration

Q: What is probate?

A: Probate is the court procedure by which a will is proved to be valid or invalid. Creditors of the estate are provided the opportunity to file claims against the estate and receive payment of those claims. After the administration fees, taxes and creditor claims are paid, any remaining assets of the estate are distributed to the beneficiaries.

Q: What is a will contest?

A: A will contest is a legal action that challenges the validity of a will and/or the terms of the will. A will may be invalid if it was the result of forgery, undue influence, inadequate execution, or other issues. A later will may invalidate an earlier version.

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The focus of Rebecca M. Becker is to help you make informed choices. She will explain and help prepare and the appropriate planning documents and then follow up to be sure that your health, business, and estate plan is implemented correctly. Call her to review your current documents or to put an legal preventive maintenance plan to work for you.



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