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Brevard County Attorney Since 1990

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I Answer My Own Phone

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More Than a Client

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+

Probate in Satellite Beach and Indian Harbour Beach      

 

If you need help with a probate case in Satellite Beach, Florida 32937 or Indian Harbour Beach, Florida 32937, then I welcome you to LawOnline Probate. If you cannot come to my office,  LawOnLine Probate may be the solution for you. Using electronic communication, such as email, Skype, and fax, I handle some probate cases without an office visit. My practice involves helping people who live outside of Florida pursue probate proceedings in the Satellite Beach, Florida 32937.  I have represented people living in Alabama, California, Colorado, Georgia, Massachusetts, Oklahoma, Virginia, and other states with their probate needs in Florida.  32937 Probate Attorney │ LawOnline Probate │321.237.2869

32937 Probate Attorney │ LawOnline Probate │321.237.2869

For people seeking probate help in Satellite Beach, Florida, 32937 or Indian Harbour Beach, FL 32937, Formal Administration may provide the best way to resolve all probate issues. In formal administration, any interested person may begin a probate proceeding. This probate proceeding has many steps and takes time. I have outlined only some of the steps required in a formal administration probate. As always, do not rely upon anything below as legal advice.

Formal Administration Probate: Depositing the Will

The custodian of a will must deposit the will with the clerk of court withing ten days of learning that testator has died (Section 732.901(1), Florida Statutes). So, if you have a will in your possession, and the person making the will has died, then the law directs you to deposit that will with the clerk of court. Tip: if you go the Brevard County Clerk of Court (the clerk’s office at 51 S. Nieman Avenue, Melbourne, FL  may be the closest and most convenient to Satellite Beach, 32937 and Indian Harbour Beach, FL 32937),  with the will, please be sure to bring a death certificate with you. They often want a copy of the death certificate to show proof of death. The clerk will keep the original will and provide a receipt. Make sure you photocopy the will before depositing it. 32937 Probate Attorney │ LawOnline Probate │321.237.2869

Formal Administration Probate: Personal Representative

Any interested person may file a petition for formal administration probate. Some people receive preference to serve as the personal representative (Section 733.301, Florida Statutes).  If you are appointed the personal representative, then you must tend to your fiduciary duties. 32937 Probate Attorney │ LawOnline Probate │321.237.2869

Formal Administration Probate: Personal Representative Duties

The Probate Court issues an order admitting will to probate and appointing a personal representative. The personal representative must be sure take action right away.  Generally, the personal representative has the power to manage the affairs of the estate.  The duties of the personal representative include a duty “to settle and distribute the estate of the decedent in accordance with the will of the decedent” (Section 733.602, Florida Statutes). 32937 Probate Attorney │ LawOnline Probate │321.237.2869

Formal Administration Probate: Letters of Administration

The probate court issues Letters of Administration to the personal representative (Section 733.301, Florida Statutes). Those Letters of Administration letters appointing a personal representative provide notice to that the Probate Court has appointed the personal representative. In some cases, some people want to make copies of the Letters of Administration before they will release confidential information. 32937 Probate Attorney │ LawOnline Probate │321.237.2869

Formal Administration Probate: Inventory

The personal representative also has a duty to create an inventory of all the estate assets (Section 733.604, Florida Statutes). If the personal representative discovers other assets during the course of administration, an amended inventory should be filed with the probate court.  32937 Probate Attorney │ LawOnline Probate │321.237.2869

Formal Administration Probate: Accounting

The personal representative also must keep careful records of the assets of the estate and any expenditures, investments, payments, distributions, income, or other deductions related to the estate (Section 733.604, Florida Statutes).  Certain people may also request a copy of the confidential inventory and receive a copy of the same from the personal representative. 32937 Probate Attorney │ LawOnline Probate │321.237.2869

Formal Administration Probate: Distribution

After notice to all the creditors and publication of the notice to creditors, and after the creditor’s period to file claims has expired, and after all objections to any claims have been resolved, then the personal representative may distribute the assets of the estate (Section 733.811, Florida Statutes). After distribution, the personal representative may move for an order of discharge and closure of the estate. 32937 Probate Attorney │ LawOnline Probate │321.237.2869

Free Consultation

Lawonline Probate uses technology to help people with probate and estate planning needs in Satellite Beach, FL 32937 and Indian Harbour Beach, FL 32937. We may use online means and other electronic communications to move cases forward and prepare important paperwork. I provide personal legal care for each person I help as a lawyer. When you need legal advice concerning estates & trusts, probate, trust administration, or have other legal needs, please give me a call. I answer my own telephone at 321.237.2869 and welcome your call. 

Free Consultation

I answer my own telephone at 321.779.1211 and welcome your call. I do not provide legal advice during the free consultation, but we can discuss your concerns.

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