Kendall Probate Lawyer: Expert Legal Guidance for Florida Estate & Guardianship Matters

Trusted Representation for Kendall Families

As a Kendall Probate Lawyer, I regularly represent families throughout Kendall who need clear guidance and decisive action in probate and estate matters.

If you are searching for a Probate Lawyer Kendall residents trust for hands-on, attorney-led representation, Lorenzo Law delivers experienced advocacy without layers of bureaucracy.

When a loved one passes away, the legal burden of settling their affairs often falls on family members who are already grieving.

Navigating the complexities of the Miami-Dade County court system requires more than just legal knowledge; it requires an experienced probate attorney who understands the local landscape.

I am Jose Lorenzo, the founder of Lorenzo Law. While my main office is conveniently located in Coral Gables, I have spent years serving as a probate attorney for Kendall families. I understand that for residents of The Hammocks, West Kendall, and the surrounding areas, having a responsive, accessible lawyer is critical.

My firm is built on a solo practitioner model, which means when you hire Lorenzo Law, you get me—not a junior associate. I provide the personal attention necessary to help families protect their legacy and avoid costly mistakes.

Whether you are facing a complex probate and guardianship process or need assistance with a simple estate administration, I am here to guide you through every legal hurdle.

What Does a Probate Attorney Serving Kendall Do?

Understanding the Role of Counsel in Estate Administration

A Kendall probate lawyer acts as the legal navigator for the Personal Representative (executor) of an estate. My role is to ensure that the deceased’s assets are gathered, debts are paid, and the remaining property is distributed correctly according to Florida law or the Last Will and Testament.

As part of the estate administration process, the Personal Representative, with the guidance of a probate attorney, distributes assets to the rightful beneficiaries.

However, my practice extends beyond simple estate settlement. As an attorney well-versed in guardianship matters, I also represent families who need legal authority to care for an incapacitated adult or a minor child. This dual focus allows me to handle the full spectrum of probate and guardianship administration, ensuring that your legal bases are covered regardless of the situation.

Why Professional Legal Help Matters for Your Family

Many people assume probate is automatic. It is not. The Florida court system requires strict adherence to statutory deadlines and formal procedures. Without an attorney, you risk:

Personal Liability: Personal Representatives can be held personally liable for unpaid debts or improper distributions.
Delays: Simple errors in filing petitions can set a case back by months.
Disputes: Family tensions often flare during probate; having an attorney provides a buffer and professional mediation strategy.

Who Needs a Probate Lawyer in Kendall?

You likely need legal counsel if:

You have been named the Personal Representative in a will.
A family member died without a will (intestate), and you are an heir.
You are concerned about an elderly parent’s capacity and need to understand the guardianship process.
You live out of state but your deceased relative owned property in Kendall or Miami-Dade County.

When and Where Florida Probate Rules Apply

Probate is generally required when a person passes away owning assets in their sole name, without a designated beneficiary. For Kendall residents, these proceedings are filed in the Miami-Dade County Probate Court. Even if you reside outside of Florida, if your loved one owned real estate in Kendall, we must open an estate here to transfer that title.

How the Process Works: A High-Level Overview

The probate and guardianship process typically follows this trajectory:

Petitioning the Court: We file the necessary documents to open the estate or guardianship.
Appointment: The judge issues “Letters of Administration” or “Letters of Guardianship,” giving you legal authority.
Discovery & Inventory: We identify all assets, debts, and guardianship matters.
Creditor Period: We publish notices to ensure valid debts are paid and invalid claims are barred.
Distribution/Discharge: Assets are transferred to heirs, or the ward’s care is managed, and the case is eventually closed.

Glossary of Critical Probate & Guardianship Terms

Personal Representative (PR): The individual appointed by the court to administer the estate.
Intestate: Dying without a valid will.
Ward: A person (minor or incapacitated adult) under the protection of a legal guardian.
Letters of Administration: The court order proving the PR’s authority.
Beneficiary: A person entitled to assets from the estate.
Fiduciary Duty: The legal obligation to act in the best interest of the estate or ward.

Debunking Top Myths About Florida Probate

Myth 1: “I don’t have the money to hire a lawyer.” Fact: In many probate cases, attorney fees are paid out of the estate’s assets, not your personal pocket. Furthermore, attempting to do it yourself often leads to costly mistakes that are more expensive to fix than the cost of hiring counsel initially.

Myth 2: “My spouse died, so I automatically get everything.” Fact: Not always. If your spouse had children from a previous relationship, Florida intestacy laws may divide the estate between you and those children. An experienced probate attorney is essential to determine your rights.

Myth 3: “Guardianship is only for children.” Fact: Adult guardianship is common for elderly parents with dementia. The guardianship process is complex and restrictive, designed to protect the rights of the incapacitated person.

Myth 4: “Having a Will means my family can avoid probate.” Fact: This is one of the most common misconceptions. A Last Will and Testament actually instructs the probate court on how to distribute your assets; it does not bypass the process. In reality, a trust offers additional benefits by avoiding probate, preserving privacy, and providing continuity in asset management. If your goal is to help your family avoid court entirely, an estate plan can help avoid probate entirely in some cases, but it typically requires more than just a simple will.

Myth 5: “Probate is just filing forms; we don’t need a lawyer.” Fact: Probate is rarely just administrative work. Addressing debts and taxes during probate requires diligence, particularly when handling IRS claims and disputes over creditor legitimacy. Furthermore, probate litigation becomes necessary to resolve disputes over a will, the actions of a personal representative, or improper asset distribution. Without professional counsel, you risk personal liability for unpaid debts or tax errors.

Myth 6: “Hiring an attorney is too expensive and opaque.” Fact: You should never be in the dark about costs. A clear fee structure may include hourly rates, flat fees, or a percentage of the estate value, with specific costs outlined in a written agreement. For simpler cases, smaller estates may qualify for summary administration, which generally costs less than formal probate. Additionally, many local probate lawyers in Kendall offer a free consultation to discuss your situation and determine the best course of action before you spend a dime.

Myth 7: “My family gets along, so there won’t be any disputes.” Fact: Emotions run high after a death, and will contests often arise when family members question the mental capacity of the decedent at the time the will was executed. Even in close families, disputes between heirs may involve accusations of favoritism, uneven distributions, or disagreements over the interpretation of ambiguous provisions. An experienced attorney acts as a neutral buffer to resolve these issues before they destroy family relationships.

Choosing the Right Legal Path

Options for Estate Settlement in Florida

Not every estate requires the same level of intervention. As your attorney, I will evaluate which path is most efficient for you.

Option A: Formal Administration
- What it is: The standard probate process.
- When it applies: For estates valued over $75,000 or when the decedent has been dead for less than two years.
- Why choose it: It provides the most protection against creditors and is required for complex guardianship matters or litigation.
Option B: Summary Administration
- What it is: A shortened, “fast-track” version of probate.
- When it applies: For estates under $75,000 (excluding the homestead) or if the death occurred over two years ago.
- Why choose it: It is faster (1-3 months) and generally less expensive.
Option C: Ancillary Probate
- What it is: Probate for non-residents who owned property in Florida.
- When it applies: If your loved one lived in New York (for example) but owned a vacation condo in Kendall.
- Why choose it: It is mandatory to clear the title on the Florida real estate.

When Florida Probate Law Applies to Your Case

Understanding when to file is crucial. In Florida, probate is triggered by the ownership of assets. If a bank account, car, or home is “stuck” in the name of the deceased, probate is the key to unlocking it. Unlike some large firms where you might get a general answer, at Lorenzo Law, I review the specific titling of every asset to see if we can avoid probate through beneficiary designations or Lady Bird Deeds.

Legal Requirements for Probate in Miami-Dade County

Florida law imposes strict requirements. You must be represented by an attorney in almost all probate instances (unless you are the sole interested person).

Deadlines: Creditors generally have 90 days from publication to file claims.
Residency: A Personal Representative must generally be a Florida resident OR a close relative (spouse, child, sibling, etc.) if living out of state.

Essential Formalities You Cannot Skip

There are non-negotiables in this process. You cannot simply take money out of the deceased’s account to pay for the funeral without authority. You cannot sell the house without checking for homestead status. Skipping the creditor notification process can leave you personally liable for the deceased’s debts. My job is to ensure you never cross these lines.

How Lorenzo Law Evaluates Your Probate Strategy

My criteria for accepting a case are simple: Can I add value? I look at the assets versus the debts. If an estate is insolvent (debts exceed assets), I will be honest with you about whether it is worth opening probate. I draw on my personal experience handling hundreds of cases to give you a realistic roadmap, not just a sales pitch.

Risks and Benefits of Probate Litigation

Sometimes, disputes are unavoidable. Whether it is a will contest or a dispute over who should be guardian, litigation carries risks (cost, time, emotional toll). However, the benefit is justice—ensuring that a vulnerable family member is protected or that a forged will is thrown out. I am prepared to litigate aggressively when guardianship administration or estate distribution is threatened by bad actors.

Costs and Timeframes: What to Expect

Time: Summary administration can take 4-12 weeks. Formal administration typically takes 6-12 months.
Cost: Fees are often statutory (set by Florida law based on estate value) or hourly. I provide a transparent fee agreement upfront so there are no surprises.

Beyond Probate Administration: Comprehensive Florida Estate Planning and Elder Law at Our Law Firm

At my law firm, I believe that effective legal counsel goes beyond reactive solutions. While I am widely known as a probate lawyer serving Kendall, I also provide experienced estate planning to help assist families in avoiding court entirely. As a skilled attorney, I practice law with a holistic view: I don’t just fix problems after a death; I help you structure your life to prevent them. By combining probate administration with proactive elder needs law, I ensure that my clients receive professional representation that covers every stage of life.

Medicaid Planning and Estate Planning Strategies for the Elderly

As our population ages, elder law becomes increasingly critical. Many families worry about the high cost of long-term care depleting their hard-earned savings. An experienced attorney can help you navigate the complex Florida statutes regarding Medicaid eligibility. Through strategic Medicaid planning, we can protect your assets while ensuring you or your loved one qualifies for necessary care.

We can also create a streamlined version of an estate plan that utilizes trusts to bypass the estate administration process entirely. This proactive approach allows for the efficient distributing property to beneficiaries without the delays and costs associated with typical probate matters.

Protecting Minor Children: Guidance from a Miami Probate Lawyer and Law Office

One of the most sensitive aspects of my practice involves protecting the most vulnerable. If a deceased person leaves behind young children, the court must ensure their inheritance is managed correctly. As a Miami probate lawyer, I have extensive experience representing clients in cases involving guardianship for minors.

My law office handles the intricacies of real estate law and financial management to preserve the value of the inheritance for the future. We also resolve complex probate issues, such as ensuring that valid debts—like child support arrears—are addressed before equitable distribution occurs. Whether the goal is dispute resolution between guardians or setting up a trust, I guide families with compassion and clear guidance.

Speak with a Probate Attorney Kendall Today: Schedule Your Free Consultation

Understanding your legal options shouldn’t come with a price tag attached to the first conversation. I offer a free consultation so you can discuss your specific situation directly with a probate attorney Kendall.

Whether you need clear guidance on a will contest or help navigating probate administration, I am here to serve clients throughout South Florida. Don’t wait until a crisis occurs. Contact my office today to see how dedicated, professional representation can bring you peace of mind.

Your Roadmap to Resolution of your Probate Case

Step-by-Step Probate Process

Initial Consultation: We review the will, death certificate, and assets.
Filing the Petition: I draft and file the documents with the Miami-Dade Probate Court.
Letters of Administration: The judge signs the order appointing you as PR.
Notice to Creditors: We publish the required legal notice in a local newspaper.
Inventory: We catalog all assets and determine their value.
Accounting & Distribution: Debts are paid, and remaining assets are distributed to heirs.
Closing the Estate: We petition the court to discharge you from liability.

Checklist for Your First Meeting

To make our first meeting efficient, please try to gather:

[ ] Certified Death Certificate.
[ ] The original Last Will and Testament (if available).
[ ] A list of known assets (bank statements, real estate deeds).
[ ] A list of known creditors.
[ ] Information on potential heirs.

Strong Legal Support is One Call Away

You do not have to face the court system alone. As a dedicated Kendall probate lawyer, I offer the expertise of a large firm with the accessibility of a solo practitioner. I bridge the gap for families in Kendall, ensuring that even if you are miles away, your legal matters in Miami-Dade are handled with precision, and Probate Administration proceeds without a hitch.

Why Choose Jose Lorenzo?

Florida Bar Member: In good standing.
Solo Practitioner Focus: You speak to me, not a case manager.
Spanish Speaking: Serving the diverse community of Kendall and South Florida effectively.
Focus on Efficiency: I utilize advanced legal technology and modern case management systems to ensure efficiency, keep costs reasonable, and maintain clear communication with my clients.

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Frequently Asked Questions (FAQ)

1. Do I have to come to your office in Coral Gables if I live in Kendall? No. While my office is in Coral Gables, I understand that traffic in Miami can be difficult. I offer virtual consultations via Zoom or phone. For many probate cases, you may never need to physically step foot in court or my office.

2. What is the difference between Probate and Guardianship? Probate handles the assets of someone who has died. Guardianship administration handles the person and property of someone who is still alive but incapacitated (due to age, disability, or being a minor). Both require court supervision, but guardianship is often more ongoing and complex.

3. How can I avoid probate in the future? Strategic estate planning is key. Using tools like Revocable Living Trusts or Enhanced Life Estate Deeds (Lady Bird Deeds) can help your families protect assets from the probate process entirely. I can help you draft these documents.

4. What if the Executor lives in another state? That is common. A Personal Representative can live out of state as long as they are related to the decedent by blood or marriage. I act as the resident agent and legal counsel to ensure they comply with Florida rules from afar.

5. Why is Guardianship considered a “last resort”? Florida law requires us to look for the “least restrictive means” before stripping a person of their rights. If a Durable Power of Attorney or Health Care Surrogate is sufficient, we may not need to enter the full guardianship process. I will help you evaluate if lesser alternatives exist.

6. What are the most costly mistakes in probate? The biggest mistakes include failing to identify all creditors (leading to lawsuits later), distributing assets too early, and failing to file for the Homestead Exemption. These errors can make the Personal Representative personally liable for the debts of the estate.

7. What happens if my loved one died without a Will?

When a person passes away without a will (intestate), Florida intestacy laws determine how the estate is distributed, often resulting in unintended outcomes. For example, specific family members you may not have intended to inherit could automatically receive assets. In these situations, having an experienced attorney is critical to ensure the correct legal heirs are identified and that the estate is administered strictly according to state statutes.

8. How are probate fees determined?

The cost of probate in Florida can vary based on the size and complexity of the estate. Generally, probate fees often depend on the value of the estate, with Florida statutes providing guidelines for reasonable compensation for probate lawyers. A clear fee structure may include hourly rates, flat fees, or a percentage of the estate value, with specific costs outlined in a written agreement. Keep in mind that larger estates or those involving real property, business interests, or litigation often result in higher fees due to the increased workload.

9. Why does local experience in Kendall and Miami-Dade matter?

Probate is not just about filing forms; it is about navigating people. Many Kendall probate lawyers are familiar with local court procedures and judges, which can affect case outcomes. A lawyer who knows the local landscape can ensure that legal notices are filed, creditors are properly notified, and deadlines are met efficiently, avoiding administrative hiccups that out-of-town lawyers might miss.

10. What can cause delays in the probate process?

While we strive for efficiency, certain issues can slow things down. Valuation and title issues typically affect real estate and business assets, and inaccurate appraisals or unresolved liens can delay distributions. Additionally, locating missing heirs may involve genealogical research, publication in newspapers, and court approval of final distribution plans when heirs cannot be found. We handle these complex communications with financial institutions and the court to resolve them as quickly as possible.

Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.

Contact Lorenzo Law – A Dedicated Probate Law Firm

At Lorenzo Law, we are proud to serve clients from our Coral Gables office and throughout the state of Florida. Our law firm focuses exclusively on probate, estate, and trust matters, offering both administration and litigation services tailored to your family’s needs.

Led by a Florida probate lawyer admitted to practice law throughout the state, our firm brings a deep understanding of probate law and courtroom experience to every case.

Whether you need a probate attorney Kendall FL to handle a straightforward estate or resolve complex disputes, our legal team is equipped to provide clear guidance and strong advocacy.

We assist families with every stage of the probate process. If you are looking for a probate lawyer Kendall with a proven track record, Lorenzo Law is here to help. We practice law throughout the state of Florida and are committed to delivering peace of mind through personalized legal service.

kendall probate lawyer

If you’re looking for a Probate Attorney in Kendall, Lorenzo Law is here to help. We practice law throughout the state of Florida and are committed to delivering peace of mind through personalized legal service.

Contact us now to speak with a Kendall Probate Lawyer. When you need reliable help, a probate lawyer Kendall can manage the case from start to finish.