FAQ

Answers From Miami Attorney Vivian Niebla

When families contact me about probate or guardianship they often feel overwhelmed and unsure where to begin. These are some of the most common questions I receive. I hope my answers help you feel more informed and confident as you consider your next steps. If you need guidance about your specific situation I am always available for a free consultation.

Probate Administration FAQs

Probate is the court supervised process that takes place after someone passes away. It involves validating a will, if one exists, identifying assets, paying debts and distributing property to the rightful beneficiaries. I provide guidance through each step so the process is handled correctly and with as little stress as possible.

Not always. Some assets transfer automatically to beneficiaries such as life insurance proceeds retirement accounts with named beneficiaries and jointly owned property. Many estates do require probate especially when the deceased owned property solely in their name. I can review your situation and explain what type of probate if any is necessary.

The timeline depends on the size of the estate creditor involvement and whether any disputes arise. A simple estate may take several months while more complex matters can take longer. I work to move your case forward efficiently and avoid unnecessary delays.

The personal representative manages the estate throughout probate. This includes gathering assets notifying creditors paying debts and distributing property. I help personal representatives understand their responsibilities and stay in full compliance with Florida law.

Guardianship Administration FAQs

Guardianship is a legal process through which the court appoints someone to make decisions for a person who is unable to manage their own personal or financial affairs. The type of guardianship needed varies case by case and is determined by the doctors and judge.

Guardianship may be necessary when someone shows signs of cognitive decline, severe mental illness, traumatic brain injury, developmental disability or other conditions that impair decision making. If you are concerned about safety, finances, or health care decisions I can evaluate your situation and offer guidance.

Florida offers several forms of guardianship including plenary guardianship, limited guardianship, temporary guardianship and emergency guardianship.The type of guardianship that is appropriate varies case by case.

Not necessarily. Guardianship can be modified or terminated if the person regains capacity or if circumstances change.

Yes family members or other interested parties can object to guardianship or challenge who is serving as guardian.

Costs and Legal Process FAQs

Costs vary depending on the complexity of the case and the amount of court involvement. During your consultation I will explain expected fees, filing costs and any additional expenses so you have full transparency.

For probate matters, bring any will, death certificate, property information and financial statements, if available. If you are unsure, I will let you know what would be helpful to bring.

The process begins with a consultation where I evaluate your situation and explain your options. From there I prepare the proper petitions, file them with the court and guide you through each step until the matter is resolved.

Client Experience FAQs

Communication is extremely important to me. I keep my clients updated throughout their case and I respond promptly to calls emails and messages. You will always know what is happening and why.

As a solo attorney I provide personal attentive service. You work directly with me not with multiple departments or unfamiliar staff members. My practice is focused solely on probate and guardianship which allows me to provide knowledgeable compassionate and efficient representation.

Yes I offer a free consultation so you can ask questions understand the process and decide whether you would like to move forward.

Still Have Questions

I am here to help you understand your options and take the next step with confidence.
Contact Niebla Probate Firm today to schedule your free consultation.

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