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Frequently Asked Questions

What legal services does Soto-Ortega & Rosso Law, P.L.L.C offer?

We offer a variety of legal services throughout the state of Florida including but not limited to: Estate Planning such as Durable Power of Attorney, Health Care Surrogate, Wills, and Trusts; Guardianships, Pre-need Guardian Designation, Probate Administrations. For a specific service please feel free to contact our office today to see how we can help you. 

What is the difference between probate, guardianship, and estate planning?

  • Probate is the legal process of administering a deceased person's estate, including distributing assets and paying debts.
  • Guardianship involves appointing a legal guardian to make decisions for individuals who are incapacitated or unable to make medical or financial decisions over their person or property.
  • Estate planning encompasses creating legal documents to dictate how assets are managed and distributed, including wills, trusts, and powers of attorney.

What is probate, and when is it necessary in Florida?

Probate is the legal process through which a deceased person's assets are administered and distributed to beneficiaries or heirs. In Florida, probate is typically required when the decedent owned assets solely in their name at the time of death, excluding certain exempt property and assets held in trust or with designated beneficiaries.

How long does the probate process take in Florida?

The duration of probate in Florida varies depending on factors such as the complexity of the estate, potential disputes, and court scheduling. Generally, simple probate cases may conclude within several months, while more complex estates may take a year or longer to resolve. 

What should I bring to my first meeting with a lawyer from our office?

Please bring any relevant documents related to your potential legal matter, such as death certificates, last will and testament, previous court documents, prior estate plan documents. Additionally, if you have any questions or concerns, it would be beneficial to write those down beforehand so that you don't forget to ask them during your meeting. We will also advise you beforehand of the necessary documents based on your unique circumstances. 

What is a guardianship in Florida, and when is it necessary?

A guardianship is a legal arrangement where a court appoints a guardian to make decisions for an individual who is incapacitated or unable to manage their affairs independently. In Florida, guardianship may be necessary for minors, adults with disabilities, or elderly individuals who are unable to care for themselves or make sound decisions.

How can I avoid probate in Florida?

There are several strategies to mitigate is not altogether avoid probate in Florida, including establishing a revocable living trust, designating beneficiaries on assets such as life insurance policies, retirement accounts, bank accounts, and owning assets as joint tenants with rights of survivorship.. Additionally, assets with designated beneficiaries, may pass outside of probate.

Why is estate planning important in Florida?

Estate planning allows individuals to proactively plan for the distribution of their assets, minimize tax liabilities, designate guardians for minor children, keep their affairs and estate private and out of the court, and outline end-of-life preferences. In Florida, proper estate planning can help ensure that your wishes are carried out effectively and minimize the burden on your loved ones during such a difficult time.

What documents are essential for estate planning in Florida?

Key estate planning documents in Florida can include a last will and testament, living will, durable power of attorney, living will, and possibly a revocable living trust depending on your individual circumstances. These documents help outline your wishes for asset distribution, healthcare decisions, and the management of your affairs in the event of incapacity.

How much does it cost to hire a lawyer from Soto-Ortega & Rosso Law, P.L.L.C?

The cost of our legal services varies depending on the complexity of your legal matter. We offer transparent, fair and reasonable pricing, and will provide you with an estimate of our fees before we begin working on your case.

How do you know if you need to hire an attorney from our office?

Every individual should have the proper estate plan in place, regardless of the complexity and the amount of assets you may own it is important that every asset be accounted for otherwise you will likely find yourself needing to probate the estate of a loved one. Having to open a probate can be very costly and complex in order to legally transfer ownership from the decedent to the intended beneficiary. Guardianship matters are very personal and need to be handled with the utmost care. This process can be stressful and overwhelming, with our services we take care of this for you and aide in meeting the annual reporting requirements so you can focus on the needs of the ward.

Soto-Ortega & Rosso Law Is Here for You

At Soto-Ortega & Rosso Law, we focus on Probate, Guardianship, and Estate Planning. We are here to listen to you and help you navigate the legal system.

Contact Us Today

Soto-Ortega & Rosso Law is committed to answering your questions about Probate, Guardianship, and Estate Planning issues in Florida. We offer free initial consultations and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Soto-Ortega & Rosso Law, PLLC
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Tue: 09:00am - 05:00pm
Wed: 09:00am - 05:00pm
Thu: 09:00am - 05:00pm
Fri: 09:00am - 05:00pm