The online and offline business world is fast changing with companies adopting unique sales and marketing strategies to capitalize on profits. In the value chain, the competency of the whole team will define the level of success achieved and crucial to this, is the sales team. Besides being responsible for boosting profits through increased sales, the sales team also acts as the business’s ambassadors. With this said, it is therefore important to carefully scrutinize and select the right individuals who will share the company’s goals and visions. It is essential to know that credentials and resumes should not always act as the determining factors as personality traits and attitude of individuals are also paramount factors that can go a long way in guiding you to find the right team for the task. Here are some of the basics you should wield before hiring your sales team.
Communication serves as one of the most essential artillery in a sales person’s arsenal. Sealing deals and finalizing sales involves high levels of eloquence to relay important pieces of information accurately to potential buyers and customers about the product. Besides this, the sales person also has to effectively communicate with other members of staff and colleagues to avoid delays and other related barriers.
In business, building and maintaining relationships is vital. Competent sales people are always fast to build relationships and remarkable at flourishing the already created links. These are indeed factors that make a sales person successful and while interviewing individuals, it would be in your best interest to quiz about past experiences and follow up on them.
Drive and Zeal:
Experience has always been a good measuring scale especially in finding out the competency levels. You want an individual that is capable of making remarkable sales and in business, it is said that numbers don’t lie. Enquire about a candidate’s sales history to find out whether he/she has the required zeal to not only bring in new business but also grow the existing ones as well.
Sometimes, handling the large numbers of interviewees can be not only daunting but overwhelming as well. Without a proper and structured criterion to follow, substantial and significant time will be lost which would be otherwise used to make sales. One easy assessment that can be used to sieve out the chaff is through pin-pointing the best in-house sales people prior to using their individual skill sets to design and focus the assessment on. This will not only help you come up with a trimmed list of capable individuals, but also identify the lacking areas in the already existing staff.
Knowledge is power and one of the best traits that defines the success of sales representatives. Every interviewee should indeed have amassed significant info on the products sold by you company way ahead of the one-on-one session. This not only shows the zeal and passion wielded by an individual, but also portrays his/her intelligence even before perusing through the credentials. Sealing deals with clients will always involve the proper projection of information to potential customers alongside intelligently answering asked questions and persuasion.
Trusting your intuition and basing your judgments on your facts can go a long way in enabling you to find the right person for the job. Use the tips above and an assessment to help you find an enthusiastic and competent sales person which we all know is no mean feat.
Women and men unknowingly on a daily basis place a lot of wear on their feet. This is an important idea when you consider the feet holds up the complete human body. Feet are why we can, run, walk, swim, stand and dance. We take our feet for granted. Some feel fashion footwear needs to share in some of the blame, because this type of shoe is not always anatomically right. Plenty pairs of women’s fashionable dress shoes are made with the pointy kind of toes that limit movement, along with heels that are high and force a person’s weight right onto the ball of the person’s foot. Men’s shoes have issues too. Men are also prone to foot issues because of wearing a variety of footwear. Women and men both buy orthotics trying to correct what footwear cannot. Podiatrists usually suggest that their patients buy and wear sandals and shoes made by Birkenstock for health and comfort.
The first footbed was made of latex and shock-absorbing cork. This German shoemaker made it. The design of the insole is made to the shape to the person’s foot, and over time, it molds to the person’s actual foot shape. All of these shoes and sandals offer some good arch support more so than other footwear. There are numerous designs that feature footbeds that can be removed, which prolongs the lifespan of the footwear. The concept behind this favorite sandal began with the idea that shoes needed to match the foot’s shape. Even though this sounds rather simplistic, most of the footwear does not use this idea.
Arthritis sufferers, diabetics, and those that have other problems with their feet have had plenty of success using this brand of footwear. Many footwear lines are open-toed with adjustable straps with buckles for the best comfort. The closed-toed variety provides room for the ball to toe areas. Clogs with open-back s and standard yet familiar full size shoes are available from this shoemaker as well. Birkenstocks have passed the test of time for sturdiness, support, and comfort. They are definitely worth the cost.
To see the full line and the latest styles visit Birkenstock Happy Feet
A lot of folks are shocked to learn that the probate process might be necessary despite the decedent having left a will. Contrary to popular belief, wills do not eliminate legally-required probate procedures. Instead, a will is the primary instrument that courts utilize during the probate process. Probate is a court-supervised legal procedure for acknowledging and gathering the assets of a deceased individual, settling their debts, and dividing any remaining assets among legal heirs and/or beneficiaries.
A Circuit Court probate judge supervises all probate-related matters. The judge will appoint a personal representative and issue him or her “letters of administration.” These documents provide the world with official notice that the personal representative has full legal authority to act on behalf of the decedent’s estate. The court may also conduct hearings when necessary and respond to any questions presented while the estate is administered via the entry of special instructions known as “orders.” The law requires the probate process in order to ensure that all the deceased’s affairs are properly attended to. This legal procedure guarantees that each one of the creditors of the deceased person receives payment. This include IRS tax obligations. It usually costs between 3 and 7 percent of the total estate value to go through probate. Asset transfers from the deceased person to the appropriate beneficiary(ies) is the primary purpose of probate.
When someone dies without leaving a will, the law refers to him or her as “intestate.” If a person dies intestate, executing their estate will be conducted per state statutory mandates. Probate courts ensure compliance with all such statutory requirements. If someone dies after having prepared and executed a legally valid will, their estate is called a “testate” estate. In such cases, the probate court will ensure that the will was properly executed and that all assets of the estate are disbursed per the terms of the will. It is vital to keep in mind, however, that wills may be challenged. Such will contests can cause asset distributions to be delayed for years and result in the decedent’s estate incurring high costs.
In many cases where the estate is large, family members or other legal heirs might have conflicting interests. All interested parties with a conflict of interest typically hire a lawyer to protect their legal interests in the estate. The plaintiff is the party who originally files a complaint, while the defendant is the personal representative named in the lawsuit. A frequently used ground for objecting to a will is diminished mental capacity on the part of the deceased. Alleging that the decedent was coerced into making the will is another common ground of objection. Among other legal objections that frequently arise are inauthentic will; non-original will; improper design, witness, or signature of the will per official state requirements. Once litigation commences, the will is publicized and becomes accessible to anybody. Besides associated costs and embarrassment, assets may not be distributed according to the wishes of the deceased if the plaintiff ultimately prevails against the estate.
Probate can be an expensive process. It need not be complicated, however. Planning an estate ahead of time is the best means of reducing or avoiding time spent in Probate Court. Adequate advance planning requires much more than visiting the local OfficeMax and buying a generic fill-in-the-blank will form or downloading one for an online website.
Never forget that you have to comply with state probate laws. Probate statues that govern will execution are quite clear. Such laws address issues such as who may or may not be a witness, and when and were you and/or any witnesses to your will may sign. The precise terminology used in a will might be legally accurate. The will could still be challenged if it is executed incorrectly, however. An experienced and knowledgeable probate. attorney has the necessary skill and expertise to draft a valid will that with comply with all state laws and meet your personal needs.
What is a trust? A trust is a document, made legalized through the power of an attorney and application of law principles, which specifies the assignment of declared assets upon the death of an individual. A trust should not be used as a substitute for a will but instead, in conjunction with it. Furthermore, a trust helps protect the assets that the beneficiaries would receive and so as decrease the burden of estate tax.
There are different types of trust and the most common is the living trust. This type of trust is activated while the person, who applied for it, is still living. The process taken here is simple. The person would just have to move the assets into the trust and they would immediately become a part of it.
There are two categories under a living trust. These are revocable trust and irrevocable trust. The difference between the two is very clear. Revocable trust can be changed or revoked while the other one is not. However, the definition of the two is quite intricate.
A revocable trust is a legal document stating that a set of assets will automatically be directed to the declared beneficiary upon the death of the applicant or trust holder. Most of the time, revocable trust includes cash but it can also be tied up with a checking or savings account. Since it is revocable, the trust holder can change the terms of the trust anytime as long as he/she is still living. Also, the holder can access the assets in the trust in case of emergencies.
The word “revocable”, when applied to financial organizations such as the IRS, refers to bank accounts with payable-on-death provisions. Interested applicants can simply fill out the forms provided by the bank and state who will receive the funds contained in the account upon the applicant’s death. This provision works similarly like a trust. Also, this is a great account management scheme where the applicant is given the power to allocate his/her account.
An irrevocable trust is a complex type of legal agreement. It is considered as a separate entity. Here, a federal tax identification number is required. This is usually filed by the tax attorney or the accountant. The applicant would have to go to the state’s Bureau if Internal Revenue and comply with the documents needed for this transaction.
Since the trust is irrevocable and is a separate entity, the creator of the trust will have no access to the assets deposited under it. These assets will also not be owned or could not be touched by the beneficiaries until they are released. For example, if the creator has established a $200,000 trust account and the agreed term is that $10,000 will go to the beneficiary every year, no one could receive and release the money prior to that term. So, the beneficiary would just have to wait another year before he/she will get the other $10,000 until such time that the whole account will be empty.
An estate plan is important in order to properly assign one’s assets to intended beneficiaries. Estate planning may cover both revocable and irrevocable trust. Considering which one is right for you would entail an understanding on how you want your assets to be handled upon death, how flexible you would want them to be while you are still alive and what type of assets you will be leaving behind. Any of these trusts has different consequences and benefits. You can consult a legal consultant (such as an attorney) in order to have a clearer view on the type of trust that you can avail and their agreements as well.
For those with parents in Boynton Beach, Boca Raton, Delray Beach and the surrounding cities in Broward and Palm Beach counties, Florida who have reached the age where they can use a bit of help, but choose to continue living in their own home, an excellent solution is to hire a home care aide.
The aide you hire will also have to ensure that your parent’s home is neat and tidy to keep your parent safe and healthy. Many trained aides perform some housekeeping tasks i.e. taking care of the laundry and dusting the house. Helping with the groceries and bringing your parent to an activity centers as well as other errands are also part of an aide’s job.
Another duty is the preparation and serving of meals meals for your parent. A good aide will make sure that your parent’s diet is followed or if he or she is not on a special diet — basic nutrition should be provided to ensure a healthy diet given on a regular schedule.
One important ingredient in senior home care is companionship. Having someone to talk to is important for every senior citizen. The senior will know he is cared for and that and that someone is listening to his concerns and stories. This is an essential part of home care especially for an elderly person who lives on his own.
Good aides also keep records of the daily routines and progress of the people they take care of. Such records are vital for the references of the senior’s family and his physicians. Any types of changes are noted in these records so that problems can be addressed by the doctor.
According to law, a home health aide can’t provide nursing services. If there is a need for your parent to get such services, getting a Registered Nurse can provide the medical care. However, tasks such as exercises and ensuring that he takes his medication are within the scope of duties for aides.
Elderly people of today are healthier than those in the past and because of their good health, they prefer to live on their own.The purpose of home care is to let the seniors have as much independence as possible. Eldercare makes this achievable while keeping seniors safe.
The considerable improvement in a senior’s quality of life can be achieved through home care. If your parent is in good health, there is no need for you to even consider a skilled nursing facility because staying at home is more beneficial for a senior’s health and emotional well being.
Aides working for a home care agency or registry like Boca Home Care Services are fully screened, background checked, responsible, licensed, and trained. Having a person like this taking care of your parent will give you peace of mind certain of the care that your parent is receiving.
When preparing for home care, expect an in-home assessment. The assessment will focus on the home environment, the health of the senior along with his special needs. This assessment will determine what kind of health care is needed. For seniors with medical conditions such as heart disease or diabetes, customized care will be given. If you have questions about home care services, they will be addressed. The visit will also determine what kind of caregiver will be needed.
You can contact Boca Home Care Services at 561-989-0611 or 877-706-0785 to schedule a visit or to ask further questions.
Before shoes were invented and became widely used, it was estimated that 80.4% of all human diseases were acquired through the feet. In fact, it was thought that all human illness would be eliminated would be eliminated by just wearing shoes. On the contrary, wearing poorly fitting footwear is not helpful either. As much as a shoe provides comfort and warmth to its wearer; it provides the same conditions to microorganisms. Moreover, poorly fitting shoes cause mechanical damage to the feet. Below are some of the foot conditions that result from poor choice of shoes.
Arch pain also known arch strain is as a result of inflammation. This causes a burning sensation to the feet that is painful and makes walking difficult. Arch strain is caused by unexpected shock on the feet and is evidence that a shoe is not properly balancing the foot. Wearing shoes with proper shock absorbing capabilities is its best remedy.
The big toe has a joint that makes it move easily inside the shoe. However, this movement is at times limited by tightly fitting shoes which exert excess pressure on it, such that is bends in one direction. Naturally, it bends away from the source of pressure. The pressure, additionally, results in a bump being formed due to toe-tissue being pushed to one direction. After many years of extra pressure on the toe, bunions result. Bunions that affect the toe-bone are particularly painful.
If the foot is put under excess stress for along time, the skin at that point reacts by increasing its growth. Consequently, a layer of dense skin cells (Corn) is formed at that point to shield the foot from pressure. Corns result from poorly fitting shoes especially those that fit tightly. Strangely, corns may not be painful when the foot is inside the shoe; however, they’re painful when the shoe is removed.
Like the corns, callus is a dense layer of dead skin that results from excess stress. However, callus is generally used to refer to dead skin forming on the heel or big toe. Additionally, most feet conditions are more likely to result in feet retaining moisture after bathing. This moisture, plus the warmth provided by the shoe may result in bacterial, viral, or fungal that are not only harder to treat, but also painful. Other foot conditions such as heel and forefoot pain are caused by the shoes not absorbing pressure well enough.
Statistics show that about 89.56% of all shoes worn in the world are not properly fitting. Out of these, 90% result in foot conditions that though extremely uncomfortable, may go unnoticed due to lack of awareness. Therefore, it is recommended that to treat and avoid the above conditions, wearing properly fitting shoes is paramount. Furthermore, you need not lose your stylishness by wearing perfectly fitting podiatric shoes; they nowadays in different styles and designs. It is also advisable to buy these shoes from shops that specialize in healthy footwear. Online shops will enable you to view a variety of brands, styles and colors before you buy them.
A well-planned trust is a critical component of asset protection in estate planning. With a trust, assets are placed under protection to ensure that the Grantor can maintain a certain amount of control over their use and distribution. Assets that are placed into a trust can be managed more effectively during the lifetime of the Grantor, and protected in order to ensure that the financial interests of the beneficiaries are taken care of.
In its most basic form, a trust is a type of agreement that allows an individual known as the Grantor or Trustmaker to enter into an agreement with a Trustee, who is an individual or entity that will manage the properties and assets that the Grantor will place in the trust. Normally, the Grantor will name a person, company or other entity as beneficiary. The beneficiary is the legal recipient of the assets named in the trust.
Traditionally, a trust is considered a reliable form of asset protection. Once the Grantor transfers assets into a trust, he or she no longer has these assets in his or her name. Instead, the Trustee becomes the legal controller of the assets and is responsible for its management. This action helps protect these assets from potential loss.
Setting up a trust also allows the Grantor better control over common estate issues, such as how the asset will be settled, used and distributed, how much, when and to whom. Other than family members and friends, the Grantor may also specify certain entities such as charitable institutions and name them as beneficiaries. In case of the grantor’s death or incapacitation, the trust can be used as a substitute for a will, allowing the trustee to settle the estate quickly and privately. The terms of a trust can also ensure that the Grantor’s assets remain in the family. For example, in case the surviving spouse decides to remarry, there is a risk that the assets could be passed on to the spouse’s new family. Setting up a trust helps prevent this from happening. A trust can also protect the assets from expensive state and/or federal estate taxes and avoid probate.
Estate planning generally requires setting up either a revocable or an irrevocable trust. Initially both trusts are considered inter vivos trust, which means that either one will go into effect while the Grantor is still living. The Grantor can then decide whether to keep the trust irrevocable or revocable. Essentially, an irrevocable trust is a trust with terms that remain in effect and cannot be changed while a revocable trust can be revoked and the terms changed.
An irrevocable trust, once in effect, prevents the Grantor from retrieving an asset or property. A revocable trust, on the other hand, still places the asset or property into the trust but allows the Grantor to cancel the transfer, modify the details and even take back the asset. He or she can then terminate the trust.
A basic trust agreement is usually simple enough to be drawn by the Grantor. Once the transfer of assets into the trust is completed and the agreement is notarized, it will then take effect. However, if certain issues and questions exist about the estate that need to be addressed, getting advice and assistance from an estate planning lawyer may be a good choice. An experienced lawyer will be able to provide the most important information about estate law that will be valuable for creating and executing an effective and fair living trust.
Medicare home health care is a specialized service given to persons suffering from accidents or other ailments that leave them traumatized and incapable of handling normal tasks by themselves. This could be from an amputation or during the recovery period needed for injured limps and body parts to heal completely. Aging persons approaching and over the age of 65 can also benefit from home health care services. There are also other special cases where a patient may qualify for a specialized home medical care as discussed below. Only well trained and capable nurses are allowed to take care of these persons.
Not everyone qualifies for home health care services, as it should only be recommended by a qualified health practitioner. Medicare health care cover is limited to defined medically diagnosed conditions, and is never a chore worker service. One other important fact that should be noted about Medicare home health care services is that, only a licensed health care agency should provide these services upon prescription by a physician. In addition to this, only a skilled therapist should handle and care for the patient, based on the prescription and condition. The service and care that the beneficiary receives is mainly determined medical coverage and eligibility.
If you have a friend or a family member who needing specialized Medicare services, it is always advisable to search for an accredited and certified home health care agency or center.
Medicare Home Health Care Qualification Factors
1. Age: Aging persons over the age of 65 automatically qualify for a Medicare home health care service. This can be determined if the aging persons has or is admitted in a hospital, and his or her physician recommends it. Nonetheless, the patient should be consulted for this, as well as family members to help find the best solution available. It is after a conclusion has been made that paperwork can be handled.
2. Fatal injuries on limps and other body parts: If anyone has been involved in an accident, his physician may recommend specialized Medicare home health care. Accidents are not a necessity to qualify for this, as some patient may suffer from a declined physical performance.
1. A doctor’s prescription stating that a patient requires specialized medical care from home. The doctor may personally be the one in charge of all the medical care needed, and will always avail him/herself to the patient’s home.
2. There are patients who need intermitted specialized medical care, and do not necessarily have to be admitted in hospital. These too qualify for Medicare home health care service, which may include physical therapy, pathology services and the like.
3. Homebound patients who will require taxing effort to see a doctor also qualify for this.
The following is a list of services offered by Medicare home healthcare agencies which include specialized nursing and therapy care:
1. Work related therapy
2. Physical and limp therapy
3. Nursing care
4. Medical social home health care aid
5. Speech and swallowing therapy
As long as one is eligible for Medicare services and a doctor recommends them, all the needed services will be availed to you. One important thing you need to understand is that, both home health aide and skilled nursing services are only provisioned in intervals. Nonetheless, if one needs speech, swallowing and other therapy sessions, these do not have to be intermitted and one be taken care of until he or she recovers. Other services provisioned under Medicare cover include Medical equipment, wound care and other approved drugs that may be injected.
Only accredited and approved Medicare health agency professionals give these services. Everyone handling, coordinating or giving orders should be certified and licensed to practice. Records of all services and prescriptions given to the patient should be kept and updated with each visit. There are some Medicare services that can only be given and administered by the physician, who prescribed them, and this is due to their delicate nature, and as a way of making sure everything is handled and done right.
Another important point to note is that home health care agencies must never change or deviate from a doctor’s prescription. If anything needs or has to be changed, it should come directly from the doctor or physician. This can also be done under the doctor’s watch too. With most of these post-treatment services available in nursing homecare centers, many patients prefer being cared for at home that being admitted in hospital. This helps reduce congestion in hospitals, and medical bills related to the same.
Patients who received medical and physical therapies from Medicare home health care professionals heal faster than those admitted in hospitals. It is thus due to this reason and more that patients now prefer home care services where they receive an undivided medical attention.
Alzheimer’s disease, or AD, is a disease that degenerates the nervous system and slowly destroys one’s ability to think, reason, and remember. People with Alzheimer’s slowly lose their ability to communicate and to perform simple daily tasks. Decision making becomes difficult or impossible. Sometimes their personality or behavior may experience adverse changes. They tend to experience a higher frequency of anxiety and dementia. Those who take care of their loved ones with AD face many challenges. If you are in this situation, read the following suggestions that can help you reduce stress and make the situation easier to deal with.
The more you understand about the nature and progression of AD, the more able you are in dealing with the challenges because you will know what to expect. Do some research at your local library or through online resources on the topic. Your community may also have organizations that provide free information and education on AD. The development of Alzheimer’s disease has seven stages, each characterized by common symptoms. By the time the patient receives a definitive diagnosis of AD, it is most likely that the disease has already reached stage four. It will help you to figure out what stage your loved one is at so you can anticipate the symptoms that will surface.
A diagnosis is made by a medical professional with expertise in AD, such as a neurologist, psychiatrist, or a primary care physician. Methods commonly used in making the diagnosis include the administration of a MMSE, or Mini Mental State Exam. To rule out that that patient did not suffer a stroke caused by dementia, a CAT or PET scan may also be conducted. Both a stroke caused by dementia and AD result in a loss of mental capacity, but the mental decline in an AD patient is steady, whereas the mental decline in someone suffering from a stroke has more defined steps.
Currently, AD has no cure. However, there are treatments can slow down its progression. This prolongs the patient’s ability to hang on to his cognitive ability. Medications include Aricept, Razadyne, and Exelon, which are cholinesterase inhibitors. These drugs can be used at the early stages of AD all the way to the late stages. A glutamate reducer called Namenda can also be used in conjunction with cholinesterase inhibitors during early to late stages of AD.
When your loved one has been diagnosed with AD, you should start making preparations for what is ahead. This will be an emotionally and financially demanding time for you, so you need to get ready for that. There will come a time when your loved one will need help with basic hygiene and with using the bathroom. Mealtimes should be adjusted to accommodate what he needs. When he exhibits mobility problems, a wheelchair should be purchased.
Turn your home into a safe environment. Install child safety locks on medicine cabinets and areas that may pose a danger. Electrical appliances should have automatic shut-off capabilities. Grab-bars should be installed in the bathroom. Doors leading to the outside should have secure locks in place to prevent the patient from accidentally wandering off.
Your loved one will eventually lose his basic ability to perform ordinary tasks. Sleeping patterns will change, which may affect your rest at night. The patient may hallucinate and see you as a stranger or someone hostile. Just remember that you are there to help your loved one live through this disease and not helping a disease. Under any circumstances, treat him with the same respect that you would expect for yourself.
Spend as much time as you can with your loved one reliving those happy and treasured moments in your lives. Even though the patient’s cognitive abilities are declining, you can nourish and make the most of what is left by talking about those precious memories. Even when your loved one cannot recognize you or his best friends anymore, he still has emotions and will enjoy the kindness and love that you will continue to provide. Show him love, create happy moments and make him laugh. That is the best therapy of all.
The probate process is the method of which an estate, including assets, is legally processed and administered after a person’s death. Probate processes provide a legal, organized and supervised manner for estate transfers and ensure debts or taxes are paid prior to beneficiaries receiving their portion of inheritance. Probate is applicable whether or not the deceased individual made out a will in his lifetime.
Florida provides four different probate processes. The formal or summary administration processes can be implemented whether or not a will exists. Formal administration is the most commonly used process involving a personal representative. The process is only considered formal administration if it begins within two years of the date the person passed away. Additionally, it can only be used if the assets of the deceased are worth more than $75,000, without his primary residence included. The formal process is urged in any case that also involves a law suit associated with the estate, or if money is owed to creditors.
The summary administration process is usually implemented if the estate is worth less than $75,000 without including the value of the primary residence. If the deceased individual passed away more than two years prior to beginning the probate process, summary administration is the typical route. In the summary process, a personal representative is not necessary. The process allows for a simple title transfer directly to the beneficiaries.
The third probate process is referred to as the admission of foreign will to record. This method is used when a will regards real property assets in the state of Florida, such as a condominium or vacant lot, and has been probated in a state other than Florida. Admission of foreign will to record is frequently used when the beneficiary is attempting to sell the property in Florida. The beneficiary requests the title be legally transferred to him in order for him to properly transfer it to the buyer. However, this process cannot be implemented if the estate owes any amount of money to creditors.
The final probate process is referred to as no probate, or disposition without administration. This process occurs when the funeral expenses combined with the final sixty days of medical costs are paid for by a person other than the deceased individual, and those charges amount to a larger sum than the deceased person’s property is valued.
A number of details factor into which probate process is implemented in each case. Regardless of which method is used, several professionals play a role in completing the probate process. Aside from the personal representative, guardian or executor, a circuit court judge and a clerk of the court in the county of the deceased person’s primary estate are usually involved. An attorney for representative purposes, or a lawyer providing legal advice, is common. Any parties filing claims for debts incurred by the deceased are also involved, including health care providers and issuers of major credit cards.
Additionally, it is possible for the Internal Revenue Service to become involved in a probate process. This may occur if the deceased individual owes any federal income taxes, if the will detailed a financial federal gift or if the probate process includes any transfer tax matters.
A specific executor or personal representative may be named in the deceased person’s will. This person is eligible to perform the executing duties if he or she is legally qualified to do so. If the person is not qualified to carry out probate executions, or if there is no valid will, the surviving spouse retains the initial right to serve as the personal representative following approval from the judge.
If the deceased individual is not survived by a spouse or if the spouse gives up the right to serve, the personal representative is chosen by the beneficiaries. Should the beneficiaries disagree on their preference of the personal representative, a hearing is held for the judge to review the information. The judge then makes the ultimate decision of who to appoint as the personal representative.
Personal representatives or guardians of deceased individuals must be represented by a lawyer legally practicing in the state of Florida. In the event that the personal representative or guardian is also an attorney that legally practices in the state of Florida, he is eligible to represent himself.
If the personal representative or guardian of an estate is the only party interested and involved in claiming the assets, then an attorney is not mandatory. The individual can still decide to hire an attorney for representation or a lawyer for legal advice, but it is not a requirement.
Although each attorney may provide slightly different services, they all carry out the same primary functions. In a formal administration process, the services dramatically vary by case circumstances. In the summary administration process, the role of a probate attorney is more structured.
All attorneys begin by reviewing the case information. If the probate attorney decides to take on a client, he sends a letter of engagement with an accompanying fee agreement. Once the client signs off on the fee agreement, the attorney is then responsible for preparing the estate orders, associated pleadings or petitions and other necessary paperwork for the court. These documents must be signed by the client before they can be sent to the court.
Once the files are gathered and signed by the client, the probate attorney submits the paperwork to the court in the estate’s corresponding county. The court judge reviews the documents and if everything is in order, signs off on the final orders. The probate attorney follows up by obtaining certified copies of the file and submitting it to official public record books, along with any applicable third parties.
In some cases, a public notice may be required. The probate attorney usually takes on the responsibility of finding the cheapest eligible publication and submitting the notice. If there are creditors owed by the estate, the attorney often contacts the creditors after he has published the notice. Dealing with creditors is a second detailed process within the lengthy probate process. The probate attorney may handle the claim validations and client consultations to discuss objecting, paying or settling the resounding debt with the creditors. Probate attorneys may work with clients to remove claims from a case entirely.
Depending on the circumstances of each case, the probate process can take as little as three months to complete. The process can also be extended to last longer than a full calendar year. Gathering the necessary documentation is one of the key components that results in a lengthy probate process. Technically, the documents that are needed to legally close a probate estate are not due for an entire year following the court’s issuance of the Letters of Administration to the personal representative. However, this deadline can be extended in most situations. According to the Florida Bar, it is most reasonable to assume that the average probate process for a normal estate will last between five and six months.