Probate is the legal process through which courts transfer the assets of a deceased person, or decedent.

If the decedent has a Last Will and Testament, the probate process in the State of Florida begins by depositing the Will with the Court. The Decedent’s selected personal representative is the person in charge of handling that process with the help of an attorney.

If the Will meets with all of the legal requirements, the Court will admit the Will to probate and appoint the personal representative. The Personal Representative is then tasked with the responsibility of identifying the Decedent’s assets and debts, locating the designated beneficiaries, paying the estate’s debts, and distributing the assets in accordance with the Will.

If the decedent did not have a Will, the process is somewhat similar, except that instead of distributing the assets to Decedent’s designated beneficiaries, the Court will distribute the assets to the Decedent’s heirs pursuant to Florida law. The difference between a beneficiary and an heir is that a beneficiary is someone named by the Decedent to inherit his/or her assets, while an heir is a close relative in line to receive an inheritance.

Losing a loved one is a very difficult process, and having to become involved in a legal proceeding during that time period can be daunting. In many cases, this is the first time that an individual has any contact with the legal system.

Adis Lissette Riveron will guide you through every step of the painful probate process with compassion and expertise. She will provide the necessary guidance to help the family and loved ones close a chapter of their lives with dignity and respect for all involved.

Guardianship is the legal process through which one person becomes empowered by a court to make decisions and act on behalf of another person.

This is often the case when an elderly parent or loved one is diagnosed with dementia, Alzheimer’s, or some other illness which diminishes that person’s ability to care for themselves. It could also involve disabled children whose parents are no longer legally permitted to make decisions on their behalf because they have reached adulthood.

In Florida, Guardianship is a two (2) step process which first requires a finding by the court that the person is, in fact, incapacitated. Once that finding is made, the court will appoint a guardian to act on behalf of the incapacitated person.

The guardian is then tasked with the responsibility of protecting and caring for that incapacitated person, and the court will continue to oversee the guardian’s performance. The guardianship process often brings resentment and creates difficult family situations, with the allegedly incapacitated person sometimes feeling betrayed by the person who is trying to help them.

Adis Lissette Riveron is uniquely qualified to assist by ensuring that the incapacitated person is cared for and that his/her assets are protected, while at the same time, assisting the guardian to make sure that he/she complies with all of the court’s requirements in the performance of their duties.

Guardianships often last years, and it is important to embark on that journey with an attorney who is knowledgeable and capable of taking that journey with you.

While probate and guardianship are a large part of Adis Lissette Riveron’s practice, she also recognizes that both of these types of proceedings can, and should (whenever possible) be avoided.

There are a number of steps that a person can take during their lifetime in order to transfer their assets at the time of their death without requiring a probate proceeding. In many cases, transfers can be made inter vivos (a transfer or gift made during one’s lifetime), and these types of transfers can be simpler than most people realize.

Another method often used for avoiding probate is a trust. In some cases, a Last Will and Testament is the only document that will obtain the desired outcome.

Guardianships too can be avoided by the use of certain documents intended to select a person or persons who can make medical decisions, financial decisions, and other decisions, on one’s behalf in the event that one should become incapacitated. If these documents are in place, the selected person will essentially be empowered to perform the role of a guardian without the requirement of a finding of incapacity by a court, and without a court overseeing the process. This is a simpler and more cost effective manner of having a loved one help you.

It is important to recognize that all estate planning decisions must be made while the person is still of sound mind and capable of making these important decisions themselves. The ability to make these decisions can best be described as a door that slowly closes during a person’s lifetime. Once that door closes, it is usually impossible to reopen it. If that happens, it is too late to begin making these very important decisions, and the person has no choice than to request the court’s assistance.

Ms. Riveron likes to spend a great deal of time with her clients in order to get to know them and their needs. Only then can she recommend the proper course of action, and the documents that would best accomplish the desired goals.

Starting and maintaining a business is the American dream. But entrepreneurs often find it difficult to set that dream in motion.

It is most important to remember that it is easier to do things right from the beginning than to correct mistakes after they have been made. With the right documentation, it is possible to avoid some of the pitfalls involved in operating a business, and can even avoid future litigation if a conflict should arise.

Adis Lissette Riveron can assist with a variety of organizational and transactional requirements that will help your business thrive. These include but are not limited to the following:

• Formation of business entities

• Negotiating and drafting Shareholder, Partnership, and Membership Agreements

• Negotiating and drafting Employment Agreements

• Negotiating and drafting Non-Compete Agreements

• Negotiating and drafting Stock Purchase Agreements

• Negotiating and drafting Commercial Leases

• Purchase and Sale of Businesses

• Purchase and Sale of assets belonging to a Business

• Closing and Liquidation of Businesses