Probate on Demand

JUPITER LAW CENTER works with Personal Injury law firms by handling their clients’ Probate or Guardianship matters to appoint Personal Representatives or Guardians so that Wrongful Death, Survivor and Personal Injury/Medical Malpractice cases can be pursued immediately. What is unique about our practice is that it is efficient and organized, using the latest available technology to streamline the Probate and Guardianship process with the aim of moving the case quickly through the system without any hiccups so that the Personal Injury firm looks good to their clients.

Personal Injury law firms handle claims for Personal Injury, Wrongful Death and/or Medical Malpractice resulting from the negligent actions of others. Although our firm does not handle these types of matters, we assist many Personal Injury firms throughout the state, and the clients they are fighting for, by opening Probate for Wrongful Death and/or Medical Malpractice cases so the Estate can pursue justice for the families of the Decedent. Probate must be opened to appoint a Personal Representative who has the authority to bring a claim or lawsuit against the offending party, to assist the Personal Injury firm by furnishing information during the litigation process, and so the Court can approve certain payments when the Personal Injury firms secure a settlement on behalf of the surviving family. Often times there are assets which must be sold and distributed and the appointment of the Personal Representative is necessary to access and sell the assets of the Estate. We assist the Personal Injury firm in the quick and efficient handling of the Probate matter.

In addition to claims for Wrongful Death and/or Medical Malpractice resulting in death from the negligent actions of others, Personal Injury law firms handle matters where the negligence causes a victim physical damage that affects the victim’s ability to function on his/her own without a Court-appointed Guardian to assist. The appointment of a Guardian in these types of cases is similar to other Guardianship cases except that the injuries of the Ward tend to be more severe and the type of Guardianship more protective due to the injury. Much like the Personal Representative in Probate matters, the Guardian is vested with the authority to bring a claim or lawsuit against the offending party, to assist the Personal Injury firm by furnishing information during the litigation process, and so the Court can approve certain payments when the Personal Injury firms secure a settlement on behalf of the Ward and thereafter to manage the Ward’s settlement proceeds. As in other types of Guardianship cases, Annual Accountings/Plans and Physician Reports must be filed by the Guardian. We assist the Personal Injury firm in the quick and efficient handling of the Guardianship matter.

Why do I need to open a Probate matter if I already have a Personal Injury firm handling the case?

Only after the appointment of a Personal Representative (“PR”) can the Personal Injury firm actively pursue or settle the Wrongful Death/Survival case. The primary purpose behind opening a Probate matter is to have a PR appointed so that someone is authorized to act on behalf of the Estate to move the case forward, such as by requesting medical records, attending a Mediation and/or signing settlement documents.

How do I get started with you?

Usually, we are retained directly by the Personal Injury firm which has a client who is need of opening a Probate case to pursue a Wrongful Death claim/lawsuit against the person/company who caused the death of another. (The person who dies is called the Decedent). One of our legal assistants or attorneys will call you to discuss the facts of the case and answer any questions about the Probate process that you may have. After that, we will draft the documents necessary to open the Probate case in Court and send them to you to sign and return to us so we can file them in Court.

How long does the process take?

Obviously, each case is unique and the 67 different counties in Florida each have different procedures. But generally, we reach out to the client within 24 hours of being contacted by the Personal Injury firm to start the process and, in most cases, the PR is appointed within a few weeks. Once the PR is appointed, then he/she has the legal authority to pursue the action (whether via a claim or litigation). There is a required 90-day creditor period during which Claimants may file claims against the Estate for monies owed. After that, it all depends on when the Wrongful Death/Survival case settles or goes to Trial. Once the case is resolved by the Personal Injury firm, the firm will notify us and we will then begin the process of closing the Estate.

By signing a Waiver consenting to the appointment of a Personal Representative, am I waiving my right to settlement proceeds?

No! By signing a Waiver to the appointment of a Personal Representative, you are merely helping expedite the process of having someone appointed as PR, which, in turn, allows the Personal Injury firm to pursue the claim/lawsuit more quickly.

Do I have to pay a Creditor’s Claim from the settlement proceeds?

If the only asset of the Probate matter is the potential settlement from the lawsuit, then whether or not claims are paid from the settlement depends on the type of lawsuit filed. In a Wrongful Death case, only related medical expenses, loss of earnings and funeral expenses must be paid from the settlement. Otherwise, Estate assets will be used to pay Claims before any beneficiaries are paid. However, many creditors will negotiate and reduce the final payment, so it is possible that a discount on those Claims is available.

How do I protect my loved one’s home?

If your loved one died owning a home solely in his/her name, a Petition to Determine Homestead can be filed and an Order Determining Homestead can be entered at the end of the 90-day Creditor Period. When entered, this Order serves to remove the home from the jurisdiction of the Probate Estate and transfers title to certain homestead beneficiaries, protecting the equity from creditors’ Claims by declaring such equity exempt from such Claims.

How are the settlement proceeds divided?

Settlement proceeds are divided based on the type of Claim/lawsuit. In a Wrongful Death action, the proceeds are divided amongst the statutory survivors based on Florida’s Wrongful Death Act and NOT by Probate rules. In a Survival claim, the settlement proceeds will be distributed by Probate rules according to the Decedent’s Will or by the intestacy statute if no Will was ever signed.

What is a Petition for Allocation?

In Wrongful Death cases, a Petition for Allocation asks the Court to distribute the settlement proceeds in a manner that is different from how Florida’s Wrongful Death Act would do so. This is typically based on the lack of a relationship between the Decedent and a statutory survivor, such as when one of the Decedent’s children never visited, called or maintained any contact with Decedent prior to Decedent’s death. In such a scenario, Courts entertain Petitions for Allocation so as to apportion the settlement proceeds based upon the extent that each statutory survivor experienced pain and suffering.

How do I pay you?

We are paid up front by the Personal Injury law firms, although sometimes the client pays directly when the Personal Injury firm has not yet had the opportunity to decide whether to pursue the case and timing is such that the appointment of a PR is needed quickly. We charge a minimal flat fee to open and close the Probate Estate. The fee is deducted as a cost from the subsequent settlement or judgment if one is obtained. If no recovery is made, then the Personal Injury firm typically eats the cost and you don’t pay a penny.

What does your minimal flat-fee agreement cover?

The fee, which is inclusive of anticipated costs, covers the opening and closing of the Probate matter. It contemplates a simple, uncontested processing of the Probate matter, and does NOT include services rendered related to any other assets or real property, Homestead property, adversarial proceedings, negotiations with Creditors, beneficiary disputes or non-routine document preparation, which, if necessary, we can handle on an hourly basis.

If my family member is injured in a car accident and cannot handle his/her own affairs such that a Guardianship is necessary, what needs to be done?

The Guardianship process for Personal Injury matters is handled just like other Guardianship matters. The only difference is that the Personal Injury firm typically retains and pays us to open the case instead of the proposed Guardian/client.