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The death of a loved one can be a difficult and challenging time. Many legal questions are raised in the probate process that could result in years of delay and unexpected financial drain on the estate.
What is Elder Law?

Elder Law is an emerging specialty of law that focuses on the issues that relate to older clients. Elder law attorneys provide legal services that relate to financial and health care decision-making through the use of durable powers of attorney; end-of-life decision-making through the use of living wills and advance directives; probate and estates; revocable living trusts and last will and testaments. The experienced elder law attorney routinely handles issues that are unique to the senior members of our population. Issues such as whether to sell a home and move to a nursing home or assisted living facility; to issues of exploitation of the elderly, theft, and coercion. Litigation, Will Contests, and Voiding Deeds signed before death are just a few examples of disputes that elder law lawyers must be able to litigate aggressively, if necessary.

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What is Probate Law?

Probate is the state-supervised distributions of a decedent's sole-named assets. Probate exists for two reasons:

  1. To give creditors an opportunity to file claims, and to make sure the assets are distributed to the appropriate beneficiary.
  2. To make sure the assets ultimately get to the appropriate beneficiary

The laws of Florida are very specific as to execution requirements that must be met for a Last Will and Testament to be valid, and noncompliance has the same effect as not executing the Will at all. If you think it is worthwhile to have a Last Will and Testament, then you should hire a skilled attorney not only to draft the document for you, but also to supervise the execution of the document.

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       Common Questions

Get quick answers to your most commonly asked questions. Don't see your question listed? No problem! You can contact Probate & Elder Lawyer Mr. Thomas directly! Read More


       Resource Links

We've done the hard work for you! This is a collection of Elder and Probate Law resources that pertain to Florida's laws. Read More


       Ask Mr. Thomas


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