We Help You Protect Your Inheritance

Our experienced attorneys with over 30+ years of experience, will guide you through the probate process as quickly as possible

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Our Mission, Our Passion

We are dedicated to protecting and serving our clients and those who love them. We have found that with Probate and Estate Law there is one law for the informed and another law for the uninformed. We have also found that those that are uninformed as to the complex legal rules may cause delays and may not protect their rights to their inheritance. We dedicate ourselves to protecting our client’s interests so that they and their family members get their inheritance as quickly as possible. Our clients can achieve all of the benefits that the law guarantees.

High-quality Legal Services With Dignity and Sensitivity.

We take great pride in our reputation, which comes not only for our years of experience in providing legal services, but from the outstanding staff that looks after our clients every day. We stand out from our integrity, expertise, and client focus.

Experienced Probate attorney in Miami

Probate

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Ernesto Martinez Jr - Will and Trust Florida Lawyer

Will and Trust

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Estate planning lawyer in Florida - Probate Counsel

Estate Planning

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Ernesto Martinez Jr - Taxation attorney in Florida

Taxation

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Experienced Ancillary Administration Lawyer in Cora Gables

Ancillary Administration

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The best Guardianship in Coral Gables

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WHY US?

We Are Qualified

FOCUS. EDUCATION. EXPERIENCE.

7.6Ernesto Martinez Jr.

Focus

We focus only on specific practice areas. We practice in the areas of probate estates, inheritance, guardianship, estate planning, taxation, and elder law issues.

Education

Our attorneys have degrees from the University of Miami and the Ivy League.

Experience

Over 32 years of experience legal experience.

Ernesto Martinez, Jr.


J.D., CPA, MST

With more than 32 years of experience, his expertise encompasses taxation, estate planning, trusts, will & probate, and inheritance.

Martinez is a member of The Florida Bar Real Property, Probate & Trust Law Section, and the Elder Law Section.

He is a member of The Florida Bar and the Florida Institute of Certified Public Accountants. He is admitted to practice before the United States Tax Court. Martinez is a licensed attorney and certified public accountant (CPA).

He is also a member of the American Academy of Attorney-CPAs.

Martinez earned his Master’s Degree in Taxation from Florida International University, his law degree from Columbia University School of Law, and his undergraduate B.B.A. degree in accounting, Cum Laude, from the University of Miami where he was a Henry King Stanford Scholar and graduated with a Certificate of Excellence. While attending UM he was a member of the university accounting, business and scholastic honor societies.

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What our customers say about us

My experience utilizing Dr Ernesto Martinez probate services was excellent. He is very knowledgeable; a true expert in the field. His professionalism and good nature made me feel comfortable. He is very diligent and kept me updated through every step of the way. His fees were reasonable. His education more than impressive. Great people skills. I strongly recommend him to anyone.
Margaux Mar
I used Mr. Martinez for a probate issue and he has handled what had become such a traumatic issue for me seamlessly. I will be forever grateful for him for taking care of this for us.
Michelle Antunez
When my spouse passed away, I was literally floundering around, looking for answers/ In searching for a Probate Attorney, I was truly lucky to have found Mr. Martinez. He is very knowledgeable, extremely professional and has a way of making one feel at ease in his presence. He helped me resolve my Probate issue in a timely manner, while providing me with additional advice on other matters. I would HIGHLY recommend Mr. Martinez to anyone in need of professional advice!
Rita Salcines, Your Content Goes Here
This man is knowledgeable, sharp and knows the business. It took us only a couple of days to get the paperwork once he got involved. I would highly recommend Ernesto to anyone in need of a Real Estate attorney.
Joaquin Delgado, Your Content Goes Here
I had the pleasure of being the mediator in a matter where Ernie was one of the attorneys. He was prepared, articulate and did an excellent job of representing his client to get the best possible result. I recommend him with no reservations.
William Sussman, Your Content Goes Here

Why Can’t I Get My Money?

FAQ Responses from Ernie the Attorney

Probate is the process a will goes through in the Court to make sure it is valid and that the estate is distributed correctly. Defined in its simplest terms, probate in the state of Florida is a court-supervised process that settles the legal and financial affairs of a deceased person (decedent).

Probate is a complex process if a family member disagrees but we understand that you want this to be as easy as possible for you. We are here to help you protect your interests with high experience and to avoid a costly and lengthy process.

I joke around that dead people do not sign deeds. But in Miami, I have had several cases of fraud where a deed was allegedly signed by the deceased.

Recently, a closing agent tried to close and noticed that I filed a probate case and contacted me about the fraudulent deed. Normally, the issue pops up when the owner of the property died. For real estate, the title company will require either an Order Determining Homestead or a Court Order authorizing the Sale or Distribution of the Property.

Also, banks, securities firms, insurance companies will require court orders to distribute the funds, unless the beneficiaries received it by transfer on death, payable on death, or beneficiary forms.

In many cases, my clients are confused by the institutions that keep requesting letters. They think I can write a letter and resolve their issues. Unfortunately, I don’t have that kind of power. The bank or other institutions are really asking for letters of administration which is the order that opens the estate in probate court and appoints the personal representative (in some other States called the executor).

Yes. If there is a will, a probate case still needs to be opened to settle the estate, and ultimately being able to convey good title in the case of real estate or get an order of distribution.

As your property must go through the probate process in order to have the legal title transferred to your heirs at law, you want this to be handle by an attorney with wide experience in this area to make sure it is done correctly and seamlessly.

Real estate can be sold during probate when the owner of a property passes away and there is no appointed heir at that moment. The property is turned over to the courts and then appointed to the closest relative as the executor to sell the property. After all the steps for selling have been taken the probate court will handle proceeds being split between beneficiaries.

This process is certainly not a simple one and the best way to do it properly is to hire a top-notch, experienced probate attorney to achieve it.

If you inherited a property and you want to sell it, it will be necessary for this property to go through the Florida probate process in order for you to be able to transfer what is defined as “marketable title” to your buyer.

It is important to get professional legal assistance from Ernesto Martinez Jr., P.A. who has experience in dealing with title problems, in order to make this process as fast as possible.

If the property is determined to be the homestead property of the decedent, it not only provides good title to the heirs but also protects the property against creditor claims. The property can then be sold by the heirs.
Probate assets are ONLY those that are owned solely by the decedent at death and those owned by the deceased person and one or more co-owners, but which lack a provision for automatic succession of ownership at death.

Don’t wait until the end for the court to tell you you need a court order. Schedule a consultation with Ernesto MArtinez Jr., P.A. to take care of the complexities from the probate process in a timely manner.

We’re Looking Forward To Working Together

If you have legal needs in any of our areas of expertise, give us a call or schedule a consultation to find out how we can help you.

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