Probate & Trust Administration & Litigation
Probate is a court-supervised administrative process wherein the executor (known as the “Personal Representative” in Florida) is tasked with identifying and gathering the assets of a person who has died (known as the “Decedent”), notifying the Decedent’s beneficiaries and creditors of the Decedent’s passing, paying any expenses and debts of the Decedent, and distributing the remaining assets to those beneficiaries of the Decedent’s estate. Probate is not always necessary, especially if proper estate planning was done, however, if assets were not jointly owned or if assets did not contain beneficiary designations, probate may be needed in order to transfer these assets to the proper beneficiaries.
When a loved one passes away, it is always difficult to focus on anything other than the grieving process. The attorneys at Pycraft Law, LLC, can assist during this difficult time, whether you are the Personal Representative or a beneficiary of a loved one’s estate. Our attorneys will do their best to make the court process as smooth and painless as possible so you can focus on what’s really important: remembering your loved one and spending time with those that are closest to you.
If a Decedent created a trust during his or her lifetime, it may be necessary to administer the trust in order to distribute the assets held in trust for the benefit of the beneficiaries. Our attorneys can guide and assist the Trustee with his or her fiduciary duties and responsibilities to the trust and its beneficiaries and ensure compliance with the terms of the trust. Our attorneys can also represent beneficiaries of a trust to ensure they are receiving their distributions from the Trustee.
If, unfortunately, you believe that either a Personal Representative or a Trustee is not complying with his or her fiduciary duties to an Estate or Trust, our attorneys have years of litigation experience and can assist you in a court action to remove this individual from his or her fiduciary position, attempt to regain any property or assets that were mismanaged or wrongfully disposed of, or otherwise correct any wrongs created by the former fiduciary.