The answer depends very much upon the specific circumstances of your situation. Generally, if there is real estate involved it is likely that some type of probate case will need to be filed with the Court. This is also true if the deceased person has checking, savings, IRA’s, CD’s, or similar financial accounts that were not jointly owned or made Payable On Death to a specific person.
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The Law Offices of Alexis A. Sitka, P.A. provides Probate Administration Services to the state of Florida. We will answer your questions and guide you every step of the way. Our focus is to help you with your probate and estate planning matters.
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Attorney Alexis Sitka will assist you to think through your priorities when a loved one has passed away. Then she will create a plan to get you and your family through the probate administration Court process.
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- Probate
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- Guardianship
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Alexis A. Sitka, P.A.
Alexis A. Sitka was admitted to the Florida Bar in 1994 and began her practice in Fort Myers, Florida in 1995. She graduated from Florida State University with a Bachelor of Arts in 1988, and South Texas College Of Law Houston with a Juris Doctor degree in 1992.
Frequently Asked Questions
What is a Will?
A will is a legal document that provides specific directions regarding who will receive a person’s property after death. The will names a personal representative, or executor, to be in charge of carrying out the instructions set forth in the will. A will may also name a guardian who will care for the decedent’s dependents and any property of the dependents. A trustee may also be identified in a will to manage property held in trust. The laws of the State set forth the formal requirements necessary to create a valid will.
What is Guardianship?
Guardianship is the appointment of a person by the court to exercise control over part, or all, of another individual’s person and/or property. The appointment is generally made when a person is found to lack capacity and is incapable of exercising control over themselves.
The person who is appointed by the court to care for the incapacitated person and/or his property is referred to as the “guardian.” The person who lacks capacity is referred to as the “alleged incapacitated person” until a guardian is appointed by the court. Thereafter, the incapacitated person is referred to as the “ward.”
