Herbert L. Allen, Jr., P.A. │ Probate Attorney │ 321.779.1211

No Office Visit Required │ Online Probate

Herbert L. Allen, Jr., P.A.  │  321.779.1211

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Brevard County Attorney Since 1990

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I Answer My Own Phone

+Personal Legal Care+

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 321.779.1211 and welcome your call. Probate Attorney │+Personal Legal Care+

Probate in Viera and Rockledge, FL 32955      

Probate from $999.00 in Attorney’s Fees; Costs Extra

32955 Probate Attorney │ LawOnline Probate │ 321.779.1211

I offer legal services to the Viera and Rockledge area. Viera has grown into a beautiful community, with many government buildings. It boasts the main Brevard County Courthouse, Veterans Clinic, Brevard County Health Department, and other government centers. Construction continues in Viera frequently. Likewise, Rockledge has many beautiful homes, with  beautiful views of the Indian River. In fact, Rockledge has a building that once served as a Brevard County Courthouse. I was born and raised in Brevard County, and I have witnessed many changes during my years here.  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 Rockledge and Viera have grown, 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. For some of my clients, they live out of state or have difficulty driving. In some cases, LawOnline Probate offers them a great alternative to an office visit. I have provided probate help to people residing in other states with their probate needs in Florida.  If you need help with probate matters in Viera or Rocklege, FL 32955, please give me a call. 32955 Probate Attorney │ LawOnline Probate │321.779.1211

Testate Probate Administration

Testate means Last Will and Testament. The decedent left a will. I will use the term “testate administration” to mean that a person not only left a will, but that the decedent left a will and that will has been admitted to probate. Therefore, the terms of that will control the disposition of many assets. Notice that I said “many assets.” Some assets, such as homestead property, often pass outside of probate and outside the claims of creditors, but not always. Probate law can be very complicated, and it frequently touches upon the provisions of the Florida Constitution. 32955 Probate Attorney │ LawOnline Probate │321.779.1211

Testate Administration: Examine the Will

I like to examine the original will of the decedent as soon as possible. Sometimes people draw up their own wills and some people sign those wills before witnesses. Yet, not all of the those wills can be admitted to probate, because they may contain technical defects, or someone contests the validity of the will. 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. You are transferring all of your assets after you pass away, and you really need to get the paperwork right. You will not be around on earth to fix it later. With a valid will, the probate court process follows a route based upon that will. The provisions of that will control many aspects of Florida probate. 32955 Probate Attorney │ LawOnline Probate │321.779.1211

Testate Administration: Witnesses to the Will

Florida law requires two witnesses to the will (Section 732.502 , Florida Statutes). After the will-maker signs the will, two witnesses must sign the will. Florida law allows any adult to sign the will, even an interested person. Because someone may challenge the validity of the will, I always try to avoid having relatives sign as witnesses. Likewise, I try to avoid any person with an interest in the will from signing as a witness. I do encourage people who know the will-maker to sign as witnesses, so that they can testify to the mental capacity of the will-maker on the day the will was signed. I prefer three witnesses, in case one of the witness signatures has problems later. I also want to be sure that the witnesses sign a self-proving affidavit, so they may avoid court testimony later or having to sign further paperwork. It may be difficult to locate witnesses later or they may unable to show up in court for live testimony concerning the will.  Even if the will-maker writes the entire will by hand (called a holographic will), it still must witnessed by two people before it can be admitted to probate. Therefore, we must be careful to have all the witnesses sign the will in the presence of the will-maker and each of the other witnesses. I create a will ceremony to sign the will before all the witnesses. 32955 Probate Attorney │ LawOnline Probate │321.779.1211

Testate Administration: Mental Capacity

The will-maker must be of sound mind in order to execute a valid will (Section 732.501, Florida Statutes). Any person eighteen years of age can make a will in Florida. In some cases, people may be forgetful and may not truly understand the nature of the assets and may have other mental issues. Yet, the will-maker will be presumed by the Probate Court to be of sound mind. In order to challenge the mental capacity of the will-maker, the challenger must carry the burden of proof. The burden of proof can be very high because even “a lunatic” may have a “lucid moment” and create a valid will (Murrey v. Barnett National Bank of Jacksonville, 74 So. 2d 647 (Fla. 1954).  32955 Probate Attorney │ LawOnline Probate │321.779.1211

Testate Administration: Undue Influence

Undue influence means that a will-maker was improperly influenced to benefit a person in the will. Often those cases involve a care-giver, family member, or a person in a confidential or fiduciary relationship. If a person raises the issue of undue influence to invalidate a will, then that person must present evidence of such undue influence. Once the court receives evidence that a confidential relationship existed between the will-maker and the beneficiary and the beneficiary was active in procuring the disputed will or gift, then the burden of proof shifts to the proponent of the will to prove that no undue influence exists. Will contests involving undue influence can be very difficult and hotly contested. 32955 Probate Attorney │ LawOnline Probate │321.779.1211

Testate Administration: Personal Representative

The Petition for Administration involves admitting a will to probate. The probate clerk often examines the will for problems, and if no one objects, the will is admitted to probate. In Formal Administration, the probate court appoints a personal representative who has the power to control the probate assets. In Summary Administration, the probate court does not appoint a personal representative, and things move more quickly. In all cases, the will admitted to probate controls much of the probate process. 32955 Probate Attorney │ LawOnline Probate │321.779.1211

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.  32955 Probate Attorney │ LawOnline Probate │321.779.1211

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 

Herbert L. Allen, Jr., P.A. dedicates this website to Florida LawOnlineProbate Law.

Office: 1360 S. Patrick Dr., Suite 1A, Satellite Beach, FL 32937