Coping with the loss of a loved one is difficult. We hope this information will help you focus on what you need to do and what you may wish to delegate to friends and family. This brochure will provide you with some basic information on what you may need to know in the first few days following a death. You should establish an early relationship with your attorney to assure that all matters are properly addressed. Seeking your attorneys advice before you act may avoid more costly legal services later.Take Care against Unethical PersonsIn the period following the loss of a loved one, be careful before accepting any telephone or mail solicitation. Carefully scrutinize invoices for validity, as it is possible to receive fraudulent invoices. Avoid lifestyle changes for a period to allow for reflection on how the loss will affect the surviving family and friends.Avoid Immediate Collection of BenefitsAvoid transferring title to assets or making claims as a beneficiary until considering whether either a tax or non-tax reason exists for refusing to receive an asset. Even though the account executive wants to be helpful, you may lose an important tax advantage if you accept an asset. An attorney can help you find the best approach.Veterans Benefits and Social SecurityThe mortuary may assist you with the paperwork for both VA and Social Security benefits. For information on VA benefits, call the nearest VA listing for Benefits Information and Assistance.  For Social Security benefits, call the Social Security Administration immediately. Call (800) 772-1213. Be prepared to identify the deceaseds: relationship to you Social Security or VA claim number date of birth date of death place of death surviving spouse or next of kin medical history that bears on whether the death is service related or notIf you do not know the VA number, then provide: service number dates of active serviceYour call will stop the monthly payments. Usually, the VA will automatically withdraw any payments made via direct deposit after the date of death. If this does not happen, you must return the check for the month of death.Social Security monthly benefits are available to the surviving spouse and to children under 18 and certain disabled children. Benefits include a lump sum death benefit. Ask for the Social Security Survivors brochure.Veterans benefits may be available to the surviving spouse. Benefits may include a lump sum death benefit; if death was service connected, a continuing monthly payment to the surviving spouse, and financial assistance with funeral expenses and cemetery plot, or burial in a national cemetery.  Ask for the Federal Benefits for Veterans and Dependents publication.Our office has helped many grieving families and friends with the difficult matters that need to be handled after a loved one's death.  We understand the pain of the loss can make these matters extremely stressful and we try to assist in a way that alleviates some of the pressure.

Probate is the legal process of validating a deceased persons will and distributing their assets to beneficiaries. It involves resolving any outstanding debts or taxes, locating heirs, and transferring ownership of property. The probate process varies depending on the state and the value of the assets involved. While probate can be an essential tool for ensuring fair distribution of assets, many people try to avoid it because of its lengthy, expensive, and sometimes complicated nature.There are three levels of probate in Florida:Formal AdministrationAlso known as formal probate, this is the most common type of probate in Florida. Formal probate is handled in the county Circuit Court where the decedent lived at the time of death.  A Personal Representative will be appointed to oversee distribution of the assets that are in the decedents name alone.  If you are appointed as the Personal Representative, then it is recommended and sometimes required that a Florida probate attorney help you through the process and also address any discrepancies or disputes.Summary AdministrationThis is an expedited form of probate administered when the total property and assets subject to probate are valued at $75,000 or less. Assets subject to probate are assets that are in an individuals name that is deceased. The asset didnt have a beneficiary named or another owner on the asset.Disposition Without AdministrationWhen the decedents assets are less than $6,000 and less than the value of the final expenses, then a Disposition of Personal Property Without Administration form may be filed.The personal representative (PR) is the person responsible for managing the estate during the probate process. The PR can be named in the deceased persons will or appointed by the court if there is no will. The PR is responsible for locating assets, paying debts, filing tax returns, and distributing assets to beneficiaries according to the will or state law.Creditors also play a significant role in the probate process. They have the right to make claims against the estate for any outstanding debts. The PR must notify all known creditors of the deceased persons death and publish a notice in a local newspaper to alert any unknown creditors. Creditors have a specific time frame to make their claims and the PR can reject any claims that are not valid. If a claim is rejected, creditors can challenge the rejection in court.The length of the probate process can vary widely, depending on the complexity of the estate and any disputes that arise. In some cases, probate can be completed in a few months, while in others, it can take several years. During this time, the assets of the deceased person are frozen, and beneficiaries may not have access to them until the probate process is complete.Given the potential drawbacks of the probate process, many people take steps to avoid it. One way to avoid probate is by establishing a living trust. A living trust is a legal document that allows assets to be transferred to a trust during the persons lifetime, and then distributed to beneficiaries without going through probate after their death. This can help avoid the time, expense, and public scrutiny associated with the probate process.Another way to avoid probate is by designating beneficiaries for certain assets, such as life insurance policies or retirement accounts. These assets pass directly to the designated beneficiaries, without going through probate.Probate is a necessary process for ensuring fair distribution of assets after a persons death. The process can be lengthy, expensive, and complicated, which is why many people take steps to avoid it. Understanding the different levels of probate, the role of the personal representative and creditors, and the potential benefits of living trusts and beneficiary designations can help people make informed decisions about their estate planning. However, it is strongly recommended that you consult with an attorney familiar with Florida law to accomplish your estate planning goals.The Law Office of Kelly L. Fayer, P.A. was established to serve members of our community. Whether you need assistance now or are planning for the future, it would be a privilege to help you. We strive to provide quality service while offering personal attention to each of our clients.The Law Office of Kelly L. Fayer, P.A.12601 World Plaza Lane, Suite 2Fort Myers, FL 33907(239) 415-3434 | fayerlaw.net 

Creating a will is a vital step in ensuring that your final wishes are carried out after your passing. In Florida, like in many other states, wills play a crucial role in estate planning. However, it is important to understand the intricacies of Floridas laws regarding wills, including the selection of an executor, the inclusion of guardianship language for minor children, and the limitations of wills in avoiding probate.Who Can Serve as PR or ExecutorIn Florida, the person responsible for administering the will is referred to as the personal representative (PR), while in other states, this role is commonly known as the executor. When creating a will, you have the freedom to designate an individual to act as your PR, who will be responsible for overseeing the distribution of your assets and carrying out your wishes as stated in the will. This person must be at least 18 years old; they must be a Florida resident and/or related to you by blood, marriage, or adoption; they must be both mentally and physically capable to serve; and they must not have any felony convictions on their record.Guardianship Language for Minor ChildrenOne significant advantage of creating a will in Florida is the ability to include guardianship language for minor children. This allows you to designate a trusted individual to assume legal guardianship of your children in the event that both parents pass away before the children reach adulthood. By specifying your preferences in your will, you can ensure that your children are cared for by someone you trust, rather than leaving this decision up to the court.The Limitations of Wills in Avoiding ProbateWhile having a will is a critical component of estate planning, it is essential to understand that it does not completely avoid probate in Florida. Probate is the legal process through which a deceased persons assets are distributed and debts are settled. Even with a will in place, the probate court is responsible for overseeing the administration process to ensure the validity of the will, resolve any disputes, and ensure proper asset distribution. Therefore, it is essential to consider other estate planning tools, such as trusts, to minimize the need for probate and simplify the transfer of assets.Creating a will in Florida is an essential step in estate planning, allowing you to dictate the distribution of your assets and provide for your loved ones. Designating a personal representative or executor is crucial to ensure that your final wishes are carried out faithfully. Additionally, including guardianship language for minor children provides peace of mind, knowing that your children will be cared for by someone you trust. While a will is an integral part of the estate planning process, it is important to be aware that it does not entirely avoid probate. To fully explore your options for minimizing the probate process, consulting with an experienced estate planning attorney can help you navigate the complexities of Floridas laws and ensure that your wishes are carried out efficiently and effectively.Every adult needs a clear, enforceable plan for what will happen when they pass away or become incapacitated. Creating an estate plan protects your loved ones, assets, and legacy and gives you the peace of mind of knowing your final wishes will be honored.At The Law Office of Kelly L. Fayer, P.A., we provide attentive, personal assistance to Florida residents who are looking to prepare for the future. Our experienced lawyer is passionate about helping our clients fully understand their options and implement tools that will accomplish their goals. No matter your circumstances, our estate planning services in Fort Myers are designed to guide you through the planning process and include assistance with a wide range of instruments, from wills and trusts, to advance directives and powers of attorney. When you need an estate planning attorney near you, contact The Law Office of Kelly L. Fayer, P.A.