Browse Tag by Guardianship
Probate Law

Why You Need a Guardianship Attorney

A Guardianship Attorney is an important part of your legal team when you are taking steps to establish guardianship for a loved one, whether it’s an aging family member or a child with special needs. The process can be complicated and having an experienced lawyer by your side can make all the difference.

The law defines “guardianship” as legal custody of a minor or incapacitated person that gives the guardian responsibilities and rights similar to those of parents, including day-to-day care, protection, and financial management. Our firm’s attorneys are experienced in establishing guardianship for children and adults, and our attorneys can help you understand the process and its implications so that you are making a decision that is best for your individual circumstances.

Typically, the court will only grant a guardianship when it is in the best interests of the person who needs protection. A child’s parents are usually able to provide for their needs, but in cases where they cannot, or where the child’s parents have died and the estate is being probated, it is often necessary to obtain a guardianship. In adult cases, a legal guardian may be needed for someone who is unable to handle his or her own affairs, due to an illness, accident, or mental disability.

Our lawyers can assist you in obtaining a legal guardianship for a child or an incapacitated person, whether the person is your own child, your spouse, your sibling, or a close friend. We can also help you contest a petition for a guardianship, or a finding of adjudication of incapacity. Our role in the proceedings is to help you produce the best petition possible, submit all required documents, and to argue your case before a judge.

It is also common for our clients to seek legal assistance when they are attempting to terminate or modify a guardianship. The process can be long and involved, and it requires the filing of a petition with the court along with either a citation or notice for a hearing. The petition must include basic personal information, the name of the person for whom you are seeking a guardianship, and a report describing the person’s condition from a doctor or other health professional.

Our lawyers can guide you through the entire process, from start to finish. We can also be your partner when you are in the middle of a dispute with another party, whether it is a relative or a proposed guardian, and can negotiate on your behalf. Contact us for a consultation to learn more about our services and how we can help you establish or modify a legal guardianship for your loved ones. We offer free initial consultations, so call today to schedule yours!

Probate Law

Understanding the Probate Process- from Start to Finish

What is the Difference between a Probate and Estate Planning Attorney? While both estate and probate planning attorneys typically practice in the same field of the law, they do have some different differences. An estate planning attorney generally deals with the legal process of estate management after someone dies. An estate attorney will also help establish who will receive the deceased person’s property in the event of a probate court decision. In short, the probate and estate planning attorney will work to complete the formalities of how a person’s property will be distributed when that person dies.

There are certain characteristics that all probate lawyers, like Miami probate lawyer, must have in order to practice in this area of the law. For starters, any good estate or probate lawyer should be a certified public accountant. That means that he or she has been educationally certified and has passed the state bar exam. They should also have several years experience in a similar field as the client and be familiar with the local probate laws. Finally, any attorney in this field should be actively practicing in their field for at least three years.


Probate lawyers have a number of specialties that make them uniquely qualified to handle any probate process. In some states, probate lawyers can represent anyone who has questions about their estate or is in need of legal advice. Others may even specialize in a particular area of the law such as wills, adoptions, or probate settlements. This type of attorney can make valuable contacts with other attorneys who can be of assistance throughout the probate process.


In many states, a probate lawyer may also take on cases involving probate and intestacy laws. In America, intestacy laws are designed to provide the deceased person’s estate the money it needs to distribute his or her property and assets to beneficiaries. If intestacy laws are violated, the court can appoint an estate planner to oversee the distribution of the decedent’s estate. The probate court appoints an administrator to handle the decedent’s affairs until the probate case is settled. In some states, the probate judge can also appoint an estate planner to assist in making these decisions.


Probate can be very complicated for people who do not have experience in this area. If you think you are unsure of how probate works, contact an estate planning attorney as soon as possible. A probate lawyer will help you understand the entire process, answer questions, and guide you through the proceedings. This will help ensure that your wishes are respected and that your final wishes are met. This is one reason why it is so important to choose a probate lawyer who is experienced in this area.


Probate itself is very confusing. You need the help of someone who knows the ins and outs. An estate and probate lawyer can be your best friend in this process. If you are having problems finalizing your estate plan, or if you feel you may be the victim of inappropriate actions by a loved one, contacting an experienced estate and probate lawyer is your best option. There is no reason to put this process off. Contact a probate and estate planning lawyer as soon as possible to get all of the answers you need.