Elder Law Attorneys – Creating Peace of Mind for All Generations

Executor

Experienced Executor (Personal Representative) Attorney in Florida

Losing a loved one is never easy, and being named as the executor (personal representative) of their estate can feel overwhelming. You may suddenly find yourself responsible for handling their finances, settling debts, and ensuring that their final wishes are carried out. If you’ve never been through the probate process before, it can seem confusing and stressful. At Elderly Care Law Firm, we guide executors through every step, helping them navigate Florida’s probate laws and avoid costly mistakes.

What is an Executor (Personal Representative), and What Do They Do?

In Florida, an executor is officially known as a personal representative. This person is responsible for managing and distributing the assets of someone who has passed away. 

Their responsibilities typically include:

  • Filing the will with the probate court (if one exists)
  • Notifying beneficiaries, creditors, and government agencies
  • Paying outstanding debts, taxes, and funeral expenses
  • Gathering all assets, such as bank accounts, property, and investments
  • Distributing assets according to the will or Florida law
  • Closing financial accounts and handling final tax returns

Being an executor is a big responsibility. If something goes wrong, the executor can even be held personally liable for mistakes. That’s why many personal representatives choose to work with an attorney to ensure they are following the law and fulfilling their duties correctly.

Does Every Estate in Florida Go Through Probate?

Not all estates require full probate, but most do. In Florida, the type of probate depends on the size of the estate:

  • Formal Administration is the full probate process, required for estates worth more than $75,000. This process can take six months to a year or longer.
  • Summary Administration is a faster, simpler process for estates worth less than $75,000 or for cases where the person has been deceased for more than two years.
  • Disposition Without Administration is only available for very small estates that do not contain real estate and where final expenses, such as funeral costs, exceed the value of the estate.

Many people assume that having a will means probate is not necessary, but that is not always the case. In Florida, most estates must go through probate unless assets are specifically structured to avoid probate.

What Happens If There is No Will?

If a person dies without a will, their estate is considered intestate, and Florida law determines who inherits their assets. This usually means that:

  • If the person was married, their spouse receives all or most of the estate.
  • If there are children from previous relationships, the assets are divided between the spouse and the children.
  • If the person was not married and had no children, the estate goes to their closest living relatives, such as parents or siblings.

The lack of a will can lead to family conflicts and legal challenges, making the probate process more complicated. This is why it’s always best for people to create a will and estate plan in advance.

What Are Some Common Mistakes Executors Make?

Being an executor can be stressful, and many first-time personal representatives make mistakes that can cause delays or legal issues. Some of the most common mistakes include:

  • Failing to properly notify creditors – Florida law requires that creditors be notified and given time to file claims. If an executor fails to do this, they may be held responsible for unpaid debts.
  • Distributing assets too early – Some executors give beneficiaries their inheritance before paying all debts, which can lead to financial problems if there isn’t enough money left to cover taxes or legal expenses.
  • Not keeping accurate records – Executors must document all financial transactions, including payments, distributions, and court filings. Failing to do so can lead to disputes or even legal action from heirs.
  • Handling probate alone – Probate law in Florida is complex, and without legal guidance, executors may struggle with deadlines, paperwork, and unexpected legal challenges.

Working with an experienced probate attorney can help executors avoid these pitfalls and ensure a smooth process.

How Long Does Probate Take in Florida?

The length of probate depends on the complexity of the estate. On average:

  • Simple cases (Summary Administration) may take a few months.
  • Complex cases (Formal Administration) can take six months to a year or longer, especially if there are disputes, missing assets, or tax complications.
  • If a lawsuit is involved (such as a will contest or creditor claim), probate can take years to resolve.

Because of these timeframes, many families explore legal strategies to avoid probate altogether, such as setting up trusts or using beneficiary designations on assets.

How Can an Attorney Help an Executor?

At Elderly Care Law Firm, we help executors and personal representatives handle every step of the probate process while ensuring that everything is done correctly and in compliance with Florida law. Our legal team assists with:

  • Filing court documents and handling legal paperwork
  • Identifying and valuing assets
  • Notifying creditors and settling debts
  • Managing disputes between heirs
  • Distributing assets properly and legally
  • Ensuring that taxes and final expenses are paid

If you’ve been named an executor or personal representative and need legal guidance, we are here to help. Contact Elderly Care Law Firm at (305) 564-6606 for a consultation today.

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Ryle Aguila

Business Development Coordinator

Ryle Aguila is a business professional with experience in sales, business development, customer service, logistics, purchasing, accounting, and quality control.

Ryle attended the University of Charleston in West Virginia on a football scholarship, where he studied Business Analytics. His experience as a collegiate student-athlete helped develop the discipline, teamwork, leadership, and determination that he brings to his professional career.During his time working for corporate america, Ryle held multiple roles that provided him with hands-on experience across several areas of business operations. He worked closely with customers, vendors, and internal teams while supporting sales, logistics, purchasing, accounting, and business development initiatives.

With strong communication and analytical skills, Ryle is focused on building meaningful professional relationships, identifying new opportunities, and continuing to grow as a business professional.

Reginette Borado

Client Services Coordinator

Reginette is a highly organized and dependable professional with extensive remote work experience in client communication, appointment setting, lead management, customer service, and administrative support. A Cum Laude graduate of the University of the Philippines Diliman, she is currently pursuing her Juris Doctor degree at San Beda School of Law.

With approximately seven years of experience in appointment setting and client-facing roles, Reginette has developed strong skills in lead generation, lead qualification, follow-ups, scheduling, CRM and pipeline management, and customer service. Her experience working with U.S.-based clients has strengthened her ability to communicate professionally, manage multiple priorities, and work effectively across different teams and time zones.
Reginette is known for her attention to detail, adaptability, and commitment to consistent follow-through. She enjoys opportunities to combine her professional experience and legal education while contributing to the team and the clients they serve.

Fun Fact: Reginette is a proud mom who enjoys traveling, exploring new places, cooking, and creating memories with her daughter. In her free time, she enjoys relaxing at home, trying good food, and planning her next adventure.

Kim Marie Phelan, Esq.

Senior Attorney

Kim Marie Phelan brings with her 36 years of legal experience. Since 1990, she has focused her practice on wills, trusts, probate, guardianship, and estate planning.
Licensed in Florida, Massachusetts, and South Carolina, Attorney Phelan is passionate about helping clients navigate complex legal matters with compassion, transparency, and professionalism. She is committed to providing clear guidance and personalized support to individuals and families as they plan for the future.

Fun Fact: Kim enjoys hiking, working out, playing golf, and spending time with her family.

Carmel Culanag

Client Care and Welcome Specialist

Carmel holds a Bachelor’s degree in Education and brings nearly seven years of experience as an ESL teacher, where she developed strong communication, interpersonal, and rapport-building skills. She later transitioned into the healthcare industry as a Medical Records Retrieval Representative, gaining valuable experience communicating with healthcare professionals, coordinating medical records requests, and helping her team achieve performance goals.

In addition to her professional experience, Carmel is actively involved in a volunteer organization, where she previously served as Administrative Head. This role strengthened her organizational, leadership, and coordination skills while further developing her empathy, compassion, and commitment to helping others. With a strong background in education, healthcare, administration, and client communication, Carmel is a dependable and adaptable professional dedicated to delivering quality work and making a positive impact on the people and teams she works with.

Fun Fact: Carmel enjoys exploring new hobbies and often discovers a new interest every few months—from caring for plants to her current passion for art and scrapbooking. Outside of her creative pursuits, she enjoys helping plan and organize events through her volunteer organization. She also especially enjoys connecting with the children she meets through the organization, taking the time to listen, engage in meaningful conversations, and build genuine connections with them.

Maggie Castillo

Client Services Coordinator

Maggie Castillo is committed to providing compassionate, high-quality client intake and operational support. With extensive experience in customer relations, administrative coordination, and workflow management, she excels at guiding clients through important processes with clarity, professionalism, and empathy. Maggie is passionate about supporting seniors, veterans, and their families while helping ensure the smooth and efficient day-to-day operations of Elderly Care Law Firm.

Fun Fact: Outside of work, Maggie enjoys singing and dancing. It’s her favorite way to stay energized, express herself, and bring positivity and enthusiasm to everything she does!

Hasmie Sadjail

Client Care and Welcome Specialist

Hasmie brings over five years of experience in customer service, technical support, virtual assistance, and administrative support. She also completed undergraduate studies in Psychology, which helped develop her strong communication and interpersonal skills. Hasmie enjoys helping others, continuously learning, and creating positive experiences for every client she serves. She is excited to be part of the team and looks forward to contributing to the firm’s success while growing alongside her colleagues.

Fun Fact:
Hasmie loves talking to people and hearing their stories because she believes every conversation offers an opportunity to learn something new. She also loves butterflies, as they remind her that growth and change can lead to something beautiful.

Queen Tanael

Client Care and Welcome Specialist

Queen is a client-focused professional with over six years of combined experience in front desk reception and virtual client support. She holds a degree in Tourism and brings a hospitality-driven mindset to every interaction. Passionate about helping others, Queen enjoys creating positive first impressions and ensuring every client feels welcomed and valued from the moment they reach out.

She has extensive experience managing appointments, handling client communications, and supporting day-to-day operations in fast-paced environments. Her positive attitude, attention to detail, and commitment to exceptional customer service help clients feel comfortable and well cared for throughout their experience with the firm.

Fun Fact:
On her days off, Queen enjoys exploring new coffee shops and planning her next travel adventure.

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Sherrie Lim

Client Services Coordinator

Sherrie Ann Lim brings over twelve years of customer service experience and a strong background in team leadership and client support. Although she holds a Bachelor of Science degree in Physical Therapy, her career path led her to the dynamic world of the contact center industry, where she discovered a deep passion for service, communication, and operational excellence. 

Sherrie is known for her perseverance, enthusiasm, and confident sense of responsibility. She consistently delivers high-quality results, efficiently managing tasks while remaining flexible to the evolving needs of her clients. Her commitment to continuous improvement and excellence positions her as a trusted ally for businesses seeking proactive and reliable virtual support. 

Drawing from her college background, Sherrie has a deeper understanding of the physical and emotional needs associated with aging, making her especially attuned to the importance of compassionate and informed care for the elderly. She recognizes that elder care isn’t just about physical support, it also involves emotional presence, patience, and clear communication. Her strong appreciation for family ties fuels her commitment to helping clients manage the intricacies of elder care with empathy and attentiveness, ensuring that elderly loved ones feel respected, safe, and truly cared for. 

 

She loves taking care of her family during her rest days and free time, finding joy in the simple yet meaningful routines of home life. Whether it’s preparing home-cooked meals, baking sweet treats for her kids, or tackling household projects, Sherrie finds fulfillment in creating a nurturing and organized environment for her family. Whenever time and opportunity allow, she also enjoys traveling with her family, exploring new places, creating lasting memories, and embracing experiences that strengthen their bond and bring joy into their lives. 

Fun Fact: Sherrie’s two kids were born on the exact same date—two years apart! 

May Cruz

Client Services Coordinator

May began her community service career with the Philippine Department of Health as a Computer Operator, providing vital technical support to healthcare workers across island provinces and helping to bridge technology gaps in remote medical settings. Her commitment to service extended beyond her official duties—she also volunteered in medical missions, assisting indigenous communities and contributing to the delivery of essential healthcare with empathy and cultural sensitivity. 

Continuing her dedication to public service, May later worked at a law firm as a Disability Service Coordinator, assisting military veterans in navigating disability services. She brought empathy, compassion, and heart to the role, ensuring that each veteran felt heard, respected, and supported throughout the process. 

With a unique blend of technical expertise and human-centered care, May remains deeply committed to using her skills to uplift underserved and vulnerable communities. 

Fun Fact: Despite not knowing how to swim, May is a certified open water diver. Her adventurous spirit and determination push her beyond her comfort zone—both in life and under the sea.