When a parent passes away, there are many details to take care of such as funeral and burial expenses, locating assets, paying claims and transferring assets to the heirs. You will need certain documentation to make a legal claim to your parent’s Miami estate, such as a the original will, a certified copy of the death certificate, copies of insurance policies, bank and financial statements, stocks, bonds, deeds to real estate and title to personal property, receipts for paying the funeral expenses, etc. before the assets can be transferred to you or other beneficiaries.
You will need to determine whether your parent left a will or trust, held title to assets solely in his or her name at the time of death, held assets jointly or with designated beneficiaries, or died intestate without a will to determine how to make a claim, the necessary documentation to receive your inheritance and handle the estate. It is recommended that you hire a Miami probate and estate attorney to guide you through the legal process. The attorney will be able to determine whether it is necessary to file a probate proceeding with the Miami-Dade Probate Court, or whether the estate is exempt from probate and also advise you whether the estate is subject to paying federal estate taxes.
Will Contest Claim
If your parent omitted you from their will, and you believe that a provision of your parent’s will is invalid, the entire will is invalid, or your parent was under duress, undue influence or there was fraud at the time your parent made the will, you have the right to contest the will. A Miami probate and estate attorney will file a will contest matter on your behalf and represent you at the Court hearing. The attorney can help you gather the evidence you will need to prove you are entitled to inherit all or a portion of the estate such as medical records or finding witnesses or the attorney who prepared your parent’s will to testify about the state of your parent’s mind at the time they made the will. Click here to learn more about Florida homestead exemption.
Florida Homestead Exemption Rule
The exception to the intestate succession rules is when a decedent owned property that falls under the Florida Homestead Exemption. So if your parent owned a Miami home that she resided in as her primary residence, claimed the Florida Homestead Exemption, then her surviving spouse receives a life estate until he passes away. Then you and your siblings receive title to the property. If your mom had no surviving spouse, and you are her sole heir, then you receive title to the property. Homestead property is not subject to creditor’s claims and creditors cannot force you or your other heirs to sell your mother’s property to pay their claims.
If you are involved with making a claim to receive an inheritance, filing a will contest or need help with a probate or intestate matter, it is recommended that you contact a Miami probate and estate attorney to help you with managing the estate and locating the appropriate documentation necessary to make your claim.
If you wish to speak to a Miami estate attorney, call the Law Offices of Albert Gurevich at (786) 522-1411.