Tag Archives: Lawyer

Probate law

probate-lawYou may be a resident of the Volusia County or of New Smyrna Beach or of Port Orange or of Daytona area or anywhere in the surrounding areas, and are in need of a probate lawyer. You need not worry about finding one. There are a number of registered law firms in these areas who can be of help to you.

The legal process that is adopted to distribute the assets of a deceased person to the heirs and beneficiaries by following that person’s will is called probate. The will is first submitted in the court for probate. The probate attorney will help you understand the nuances of probate and its proceedings.

The proceeding

A probate proceeding is started when the person who wishes to be appointed as the personal representative of an estate files a petition seeking such an appointment. An attorney files the petition. The person who wants to become the representative will be in charge of the estate. He or she will look after the payment of all bills and ensure the estate is distributed equitably among the beneficiaries.

A representative is needed when the estate has a significant amount of assets. The court decides the role of the representative. It will issue letters of administration to the representative to clarify the administrative duties of the representative.

Need for the process

In Florida, probate administration is a process supervised by the court. The process helps to identify and gather the assets of the deceased person. It is a means of ensuring that the claims made by creditors of the decedent (the deceased), paying the required taxes and the resulting expenses of administration are addressed and carried out.

If there is a proper will left behind by the deceased, it has to be submitted to the court for probate. The court will follow the will to determine that all desires of the decedent are being followed properly. In the instance that there is no will, the court will follow the Florida Intestate Succession laws and use the process of probate to handover ownership of the property and assets of the decedent to those who are entitled to inherit them.

Probate for non-residents

It may happen that the deceased person is not a resident of Volusia County or anywhere in Florida but has property in Volusia County. But as the property is in Florida, it will fall under Florida Probate laws and rules. A Florida Court in the Volusia County will administer the probate rules and laws. A probate action specific to Florida will be required to pass ownership of the property to the rightful heirs and beneficiaries of the deceased person.

The probate process is very complicated. It requires thorough and expert attention. If you are residing in Volusia County or have estates and property in Volusia and need help regarding probates or want to understand the laws related to it, do not hesitate to contact Debra G. Simms’ law firm. Have a look at the website https://simmslawfirm.com/.

To contact Florida attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

 Volusia County Lawyer

If you are a resident of the Volusia County, Port Orange or the Greater Daytona area or anywhere in the surrounding areas, you should not worry about finding a lawyer. There are plenty of registered law firms in these areas who can advise you regarding various laws.

Today we will discuss about filing for bankruptcy in Volusia County. The steps included in filing for bankruptcy have been discussed here. Your bankruptcy lawyer will answer all your queries in detail and will also help you file for bankruptcy if you want them to do so.


8268391500_e15e941452_zBankruptcy is a method where an individual or an organization that is neck deep in debt can request to be relieved from paying the debts. Or they can ask for reorganization. But in order to do so they have to file for bankruptcy first. Bankruptcy filing has different steps involved in it.

Mandatory pre-filing credit counseling

Before you can file for bankruptcy you need to get a credit counseling session certificate. The session will provide you with all sorts of information regarding bankruptcy. You can get an opinion on your financial situation from the credit counselors. The session lasts for only 90 minutes. Once the session is complete you can file for bankruptcy.

Preparing your bankruptcy papers

You need to fill out bankruptcy forms. These forms will require details about your income, expenses, assets, and your current debts. Any loans taken against any collateral and how you intend to repay them will also have to be mentioned. Secured debts, such as property, also need to be mentioned.

Meeting with Trustee and Creditors (341 Meeting)

After you have filed your papers, you will have to meet court trustees within 20 to 40 days. The trustee will ask you questions regarding the information that you have provided in the forms. You will have to meet the creditors next. They will either object to the claims that you have made or will challenge the exemptions you have requested for. You can respond to these objections by either filing a motion (request) with the court or by responding to their objections with the help of a lawyer.

Mandatory “Debtor Education” Debt Management Course

After you have completed filing for bankruptcy, you will have to attend a compulsory Debt Management Course. Only when you have completed the ‘debtor education’, will you be handed over your ‘discharge’ certificate. The certificate will officially declare that you are in debt.

Bankruptcy laws fall under the jurisdiction and supervision of United States Bankruptcy Courts but are decided in the local bankruptcy court of the particular state. Florida has 3 bankruptcy courts. Even though bankruptcy is governed by federal laws, each local court has its own set of local rules to determine a case of bankruptcy.

If you are a resident of Volusia County or your business is located here, and you need help regarding filing for bankruptcy or understanding the laws related to it, do not hesitate to contact a bankruptcy lawyer in your area today.

To contact Florida attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Daytona, New Smyrna Beach Area Lawyer

logo1You never know when legal problems crop up in business or at home. Especially if the problem is regarding money, and lots of it, you will have to consider hiring a lawyer. A lawyer will be able to guide you through the process of rectifying or solving the problem and offer strategic solutions to avoid similar incidents from happening again.

So how do you go about finding an attorney who understands your needs and is an economical fit in your budget? If you are in Volusia County or New Smyrna Beach or Port Orange or Daytona or from surrounding areas, here is what you can do.

  1. Search online

Nowadays, every lawyer or law firm has an online presence. Based on your location and type of case you have, numerous sites are available where you can contact and connect with lawyers. This is one of the best ways to find a good lawyer because you can also check their portfolio without having to sweat it out.

  1. Personal referral

Talk to relatives, friends, colleagues, acquaintances, and groups who know a reliable lawyer or are facing the same legal troubles as you. But do not go by word-of-mouth alone because every person has a different take on a lawyer’s credibility and personality.

  1. Make a list of prospective attorneys

Do not take the first name you find and finalize it. Consider every option, no matter who recommends them, and make a prospective contact list. You can use this list to narrow your options and keep only those who you think are best suited to represent your case. To choose the correct attorney, take a look at the kind of clients they take in, study the cases they have handled, read articles and papers written by them, and flick through newspapers to see if there has been any publicity of the cases they have handled or are handling currently.

  1. Find objective information

Every state in the US has a bar association which will provide you a lot of information on how to find prominent lawyers in your area for a specific case. If you have already found one, you can simply log on to the bar association’s website and check whether they are an active member of the bar and have not been disciplined, suspended or disbarred.

  1. Call the lawyer

Talking to the lawyer before you decide to meet them will save you a lot of time and help narrow the list even more. In case you are unable to reach them, try to arrange a personal meeting.

  1. Face-to-face interview

Some lawyers may be willing to meet you at no charge while others may not. The decision to take it further depends on you. During the meeting, you can assess their personality, communication skills, willingness to work with you, and enthusiasm for their work.

  1. Finalize your legal representation

After meeting all your prospects and having made a decision, contact the lawyer and discuss terms for taking up the case, the budget you can afford, and any additional services they offer. Go over the case with them and understand how they plan to handle it.

You may consult the law offices of Debra G Simms for legal problems. Selecting the right attorney who knows their job well and is able to provide credible advice is vital to getting out of legal hassles satisfactorily.

To contact Florida attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Estate Planning Law

You should periodically review your documents to make sure they are up to date.  Has your family situation changed due to divorce or the birth of a grandchild?  Do you need to change the people you have named as your fiduciaries? (Executor/Personal Representative) Who is your agent in your Power of Attorney?  Is that still the person you most trust?
Sometimes documents need to be changed to conform to new laws.  For example, the new health privacy rules may require a change in your Advance Health Care Directive or Power of Attorney?  Does your Living Will include your wishes concerning food or water even if there is no hope of recovery?  Have you planned to reduce estate or gift taxes?
Call our offices for a consultation to determine whether you need to revise your existing documents. For a estate planning consultation call 1-877-447-4667
Debra G. Simms
To contact attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Contact Us

Port Orange Office:
Prestige Executive Center
823 Dunlawton Ave. Unit C
Port Orange, FL 32129
Local: 386.256.4882
Toll Free: 877.447.4667
New Smyrna Beach Office:
646 N Dixie Fwy
New Smyrna Beach, FL 32168
Local: 386.256.4882
Toll Free: 877.447.4667