Disclaimer: This Inside South Florida segment is sponsored by Demesmin and Dover Law Firm. All opinions and views are of the advertiser and does not reflect the same of WSFL-TV.
Legal matters involving probate and personal injury may seem unrelated, but in many cases, they are closely linked. The legal experts at Demesmin and Dover joined Inside South Florida to explain how these two areas of law intersect and how proper planning can help streamline the legal process.
According to senior attorney Francisco Llanos, probate law often comes into play in personal injury cases when a settlement is due to someone who has passed away as a result of an accident. “If the person getting the settlement is no longer with us, having probate already set up can streamline everything,” he explained. Another key area where probate and personal injury overlap is when a child is involved in a settlement. Florida law has specific rules that protect minors and determine how much they can receive from a settlement.
Probate attorney Khambrel Davis highlighted the legal hurdles that arise when a personal injury case becomes part of a probate estate. One major challenge is that court approval is required if a minor is receiving a settlement of $15,000 or more. Another key issue is the loss of a key witness—if a person involved in the case has passed away, it could significantly impact the strength of the case, whether for the plaintiff or the defense.
Having an estate plan in place can make a significant difference when handling a personal injury claim after someone's passing. Francisco emphasized that the court takes death very seriously and ensures that any assets, including settlements, go to the rightful beneficiaries. “If you already have probate set up with a will or trust, all you need is court approval, which helps speed up the process,” he noted.
With proper estate planning, families can focus on mourning rather than dealing with complex legal issues, ensuring that their loved one’s wishes are upheld without unnecessary delays.
For those navigating probate or personal injury cases, the attorneys at Demesmin Dover provide expert legal guidance. For more information, visitYourAccidentAttorneys.com or call 866-954-6673.
