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Brevard County Attorney Since 1990

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I Answer My Own Phone

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Client Testimonials    

Florida Bar Mandatory Ethics Disclosure: “Prospective Clients May Not Obtain the Same or Similar Results”

R.G., CPA Colorado 2018

“Thank you so much, for all your patience and efforts in resolving this issue for my mom and dad’s estates.”

J.B., M.B., Florida 2018

“We can’t thank you enough for going above and beyond to help us with our situation. God bless you.”

J.M., J.M., Florida 2019

“We don’t have words to express how pleasing it is for us to have you working with us.”

 Herbert L. Allen, Jr., P.A. Attorney │ +Personal Legal Care+

 

Attorney in Christ

Let me explain the white Attorney in Christ seal. By faith alone I received eternal life as a free gift from Jesus Christ. I strive to glorify Herbert L. Allen, Jr., P.A.Him in all that I do, including my law practice. In my life, I fall short of that goal at times, but I press on. God does not discriminate against people because of their race, faith, age, gender or any other factor. He loves everyone and offers the free gift of salvation through His Son, Jesus Christ, God in the flesh. I enjoy praying with clients of like faith, and seeking God’s help in all that we do. Because God does not discriminate in His love, I do not discriminate in my legal practice. I answer my own telephone at 321.237.2869 and welcome your call. Probate Attorney │+Personal Legal Care+

Welcome to LawOnline Probate. Intestate Probate means that the decedent died without leaving a will, or no will for the decedent could be admitted to probate. Intestate Probate Administration means that the intestate laws of Florida will be applied to determine who will receive the property of the decedent.  32934 Probate Attorney │ LawOnline Probate │ 321.237.2869

Probate in Eau Gallie , FL 32934      

32934 Probate Attorney │ LawOnline Probate │ 321.237.2869

I offer legal services to the Eau Gallie area. Eau Gallie was once a separate municipality, but merged with Melbourne. Since then Eau Gallie has undergone many changes.  I was born and raised in Brevard County, and I have see Eau Gallie change before my eyes. Yet, in many ways with its historic houses and downtown charms, it remains the same. Even the old Eau Gallie causeway received a new bridge, and the old bridge that opened and closed was replaced by a high rise. Those were big developments back then. No more waiting on boats navigating the intercoastal waterway. I watched the Viera Courthouse open its doors and practiced law in Brevard County before that Courthouse opened. I graduated from Satellite High School in 1974 and later graduated from  the University of Florida Law School (Juris Doctor, with Honors). I enjoy the practice of probate law in Florida. Just as the communities of Melbourne and Eau Gallie changed, so also the probate docket has grown and the laws have changed. The Brevard County Clerks office, and the probate clerks, work very hard to keep up with the many probate cases filed each year. They often have a backlog of processing cases, so we all need some patience in dealing with probate matters. Some of my clients cannot come to my office easilty, and  LawOnline Probate offers them a great alternative to an office visit. I have provided probate help to people residing in Alabama, California, Colorado, Georgia, Massachusetts, Oklahoma, Virginia, and other states with their probate needs in Florida.  If you need help with probate matters in Eau Gallie, Fl 32934, please give me a call. 32934 Probate Attorney │ LawOnline Probate │321.237.2869

Intestate Probate Administration

Intestate means no Last Will and Testament. The decedent may not have left a will, or no will can be admitted to probate. I will use the term “intestate administration” to mean that the probate case will proceed without a will being admitted to probate. The Florida laws of intestate succession will govern the probate process. I have experience with intestate probate administration. 32934 Probate Attorney │ LawOnline Probate │321.237.2869

Intestate Administration: Examine All Wills

I like to examine each of the original wills executed by the decedent as soon as possible. It may be that one will is invalid, but another will may be admitted to probate. If all wills fail for one reason or another, then we will have to proceed with intestate probate administration. I have dealt with different cases where a will could not be admitted to probate. I urge people to be very careful in preparing and executing your own will, without the help of an experienced attorney. One way or another, all of your assets will pass to someone else at your death. You can prepare and execute a valid will during your lifetime, but do not delay. I urge you to contact an experienced attorney regarding the preparation of your will. I can help you prepare a will. With a valid will, you can have some control over the probate court process and have some confidence that your assets will benefit those people described in your will. 32934 Probate Attorney │ LawOnline Probate │ 321.237.2869

Intestate Administration: Legal Heirs

The Florida law of intestate succession controls the disposition of assets where no will has been admitted to probate. In some cases, the court may require proof that each person claiming to a beneficiary really is a blood relative or other person designated by law to receive assets from the estate of the decedent. In other cases, it can very hard to track down all the heirs at law, because they may be very distant relatives. If we are unable to locate all heirs at law, then we can place their shares into the court and then they pass to he Florida unclaimed property registry. 32934 Probate Attorney │ LawOnline Probate │ 321.237.2869

Intestate Administration: Other Claims

Florida law provides for different people to have claims upon the decedents estate, even if they died without a will being admitted to probate. For example, a surviving spouse may have a claim for an elective share of the estate and a claim upon the homestead property. Likewise, minor children of the decedent will also have claims. Family members may also have claims upon exempt property. A past spouse may have a creditor’s claim against the estate pursuant to a marital  agreement. Other laws come into play when evaluating the different people who may be entitled to a share of the decedent’s estate. Each claim must be evaluated very carefully. I have experience with intestate estates. 32934 Probate Attorney │ LawOnline Probate │ 321.237.2869

Intestate Administration: Will Contests

Always keep in mind that will contests may cause a will to be invalid. Once the court determines that a particular will is actually invalid, then that will cannot be admitted to probate. Some people use that knowledge to contest a will that does not favor them. They feel left out of a will and cheated out of property they deserve. If they are successful in the probate court in showing that will should not be admitted to probate, and the probate case must handled as an intestate case, then they may benefit greatly by proving that the will is invalid, and cannot be admitted to probate. So, be very careful that your will meets all the requirements of Florida law. 32934 Probate Attorney │ LawOnline Probate │ 321.237.2869


Florida Probate Basics

I have been practicing in Brevard County, Florida for more than twenty-five years. Therefore, I have experience in the Brevard County Probate Court. The probate process does not have to be stressful, but it often takes time and patience. The Brevard Probate Court, with its staff of efficient probate clerks, labors under a large case load. I find them a pleasure to work with as we move cases through the probate system. Probate requires everyone from beneficiaries to creditors to personal representative to follow the rules and the law. Those probate rules and laws may be very complex. At times, the probate judge must make decisions in contested matters. Most often, however, the probate cases work their way through the system without huge turmoil.  32934 Probate Attorney │ LawOnline Probate │321.237.2869

Herbert L. Allen, Jr., P.A.     Office: 1360 S. Patrick Dr., Suite 1A, Satellite Beach, FL 32937