Estate Planning Attorney

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Probate

Estate Planning

FAQs

Yanitza Schoonover

Yanitza Schoonover is an attorney who focuses her practice on probate administration, probate litigation and estate planning matters.

Yanitza Schoonover is an experienced attorney that helps clients throughout the state of Florida with probate and estate planning matters. She focuses on clients needs and can assist them with Probate/Estate Administrations, such as Formal Administrations and Summary Administrations, and with Estate Planning.

Ways We Can Help You

Estate Administration

We will assist in the administration of the estates for those whose loved ones have passed away with or without a will.

Beneficiary Representation

We will represent those individuals who are beneficiaries of a Will or a Trust and/or heir of an estate in which the decedent passed away without a Will or Trust and want to be sure that the executor/personal representative of the estate or Trustee of the Trust is fulfilling their fiduciary obligations.

We will also help beneficiaries and/or heirs in the potential removal of executors and or trustees in the event that they are not complying with their fiduciary obligations.

Executor Representation

We will assist those individuals who have been appointed as executor/personal representative of a loved ones Will. We will also assist those individuals who desire to be the executor/personal representative of their loved ones estate who passed without a Will.

Avoiding Probate

We can help you and your loved ones avoid the probate process, if appropriate, through the creation of a proper estate plan.

Guardianship

We can also help you help those loved ones who can no longer care for themselves through obtaining a guardianship, if appropriate.

Probate, Wills, and Estate Planning

Do you need to hire a probate attorney?

Many times, families are left confused with the steps needed to transfer, collect or distribute decedent’s assets. They are often told that they should consult an attorney in order to determine the need for attorney services.

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What is Probate and who can help?

Probate is a legal proceeding to settle the estate of an individual who has passed away. An individual usually passes away testate (with a will) or intestate (without a will), in both of these instances there are several factors that are taken into consideration to determine if an individual’s estate must go through the probate process.

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When do you need a probate Lawyer?

A probate lawyer can assist with a variety of responsibilities throughout the probate process. They can help identify and secure probate assets, and help obtain appraisals of any of the deceased party’s property. They can also ensure that any documents required by the probate court are filed in a timely fashion.

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What Does a Probate Lawyer Do?

A probate lawyer assists with a variety of responsibilities throughout the probate process. They help identify and secure probate assets, and guide the client or personal representative in how to obtain appraisals of any of the deceased party’s property.

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Recent Developments in Florida Estate Planning Laws

An Overview by Yanitza Schoonover of The Schoonover Law Firm
Florida’s estate planning landscape is continually evolving, with recent changes offering new opportunities and challenges for residents. Yanitza Schoonover, a leading Miami estate planning attorney at The Schoonover Law Firm, provides an overview of these developments and their potential impact on estate planning strategies.

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The Rising Importance of Wills and Trusts in Southern Florida: A Focus on Miami, Hialeah, Hollywood, Coral Springs, Davie, and Boca Raton

In the ever-evolving landscape of estate planning, the cities of Miami, Hialeah, Hollywood, Coral Springs, Davie, and Boca Raton in Southern Florida are witnessing a surge in the need for comprehensive wills and trusts. As the population ages and the complexities of asset distribution increase, the importance of having a well-drafted will or trust in place cannot be overstated.

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Do you need to hire a probate attorney?

Many times, families are left confused with the steps needed to transfer, collect or distribute decedent’s assets. They are often told that they should consult an attorney in order to determine the need for attorney services.

What is Probate and who can help?

Probate is a legal proceeding to settle the estate of an individual who has passed away. An individual usually passes away testate (with a will) or intestate (without a will), in both of these instances there are several factors that are taken into consideration to determine if an individual’s estate must go through the probate process.

What is Estate Planning and how can you benefit from it?

Estate Planning is the process of anticipating and arranging, during a person’s life, for the management and disposal of that person’s estate during the person’s life, in the event the person becomes incapacitated and after death.

3 Reasons to Hire a Probate Attorney

Family Members are always questioning on hiring a probate attorney, below are three good reason as to why one might want to hire an experienced probate attorney:

When do you need a probate Lawyer?

A probate lawyer can assist with a variety of responsibilities throughout the probate process. They can help identify and secure probate assets, and help obtain appraisals of any of the deceased party’s property. They can also ensure that any documents required by the probate court are filed in a timely fashion.

What Does a Probate Lawyer Do?

A probate lawyer assists with a variety of responsibilities throughout the probate process. They help identify and secure probate assets, and guide the client or personal representative in how to obtain appraisals of any of the deceased party’s property.

Florida population growth is effecting trust and estate litigation

Florida has been experiencing a steady increase in population for several decades. As of 2023, Florida is the third most populous state in the United States, behind California and Texas. With this population growth, there has been a corresponding increase in trust and estate litigation.

Recent Developments in Florida Estate Planning Laws

An Overview by Yanitza Schoonover of The Schoonover Law Firm Florida's estate planning landscape is continually evolving, with recent changes offering new opportunities and challenges for residents. Yanitza Schoonover, a leading Miami estate planning attorney at The Schoonover Law Firm, provides an overview of these developments and their potential impact on estate planning strategies.

Learn More About Wills and Probate

Frequently Asked Questions
A will is document that states an individuals wishes for the handling of their estate after their death. Every State has their own requirements, please make sure to consult with an attorney in your jurisdiction to discuss the preparation of a Last Will and Testament.
If you have a will that was executed in another state, it is advisable to consult with a local probate attorney in Miami to review your will and determine if any updates or changes are necessary. Laws regarding wills and probate can vary between states, so it is important to ensure that your will is in compliance with Florida state law. Additionally, having a local attorney can help ensure a smoother probate process in case of your passing. Even if you do not have a will, it is still recommended to consult with a probate attorney in Miami to ensure that your estate is properly handled according to Florida law. An attorney can also provide guidance on other important estate planning documents, such as a power of attorney and living will. Overall, consulting with a local probate attorney is a smart decision when moving to a new state, particularly if you have any concerns about your estate planning.
If a decedent did not have a Last Will and Testament at the time of death, the decedents assets, if any, will go via intestate Succession Law or otherwise called intestate. Having an estate go intestate means that it will go via a default mechanism to distribute property to certain people called heirs. The intestacy rules will designate certain people as heirs and specify how the shares are to be distributed.
The correct response is, it depends. If a decedent died without any assets to their name then it is very possible that a probate is not necessary. However, if the decedent died with assets in their name then it is possible that a probate is necessary. Having a Will with a nominated Personal Representative/Executor does not mean that a probate is not necessary, many factors come in to play, such as the labeling of the assets.
The probate process varies depending on the case itself. If the case is a Summary Administration it is a much shorter process and may be completed in a few months as opposed to a Formal Administration. If the case is a Formal Administration it is a longer matter and can take anywhere from 6 -12 months if there are no disagreements with all parties involved. If disputes arise the process can take several years for any probate to be resolved and completed.
There are a number of times that an heir or beneficiary cannot be found. In those instances where an heir or beneficiary is missing or cannot be found, the legal system in your jurisdiction may permit the Personal Representative or Executor to deposit the share meant for the missing heir/beneficiary into the court registry.
There is no deadline to start a probate in Florida. There have been instances that estates have been started decades later. However, it is preferable that the families do not take too long in order to start the process because complications can arise when initial heirs and children pass away from the original decedent.
A personal representative is an individual appointed by a court to be in charge of the administration of an estate. If the decedent had a Will they are also called executors. It is highly advised to speak to a probate attorney to guide you through the process and provide a better understanding of the duties of the personal representative.
The simple answer is yes. Having a will does not avoid probate, it is an instrument that helps guide the probate court in the distribution of the decedent’s assets.
No. Having a will does not avoid probate, it is an instrument that helps guide the probate court in the distribution of the decedent’s assets.
Not always. For many decedents there is no requirement to open a probate. If a decedent did not own assets in his/her name at the time of death a probate may not be required.
Assets subject to probate are those assets that were solely owned by the decedent at the time of death.

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