In Florida, you’re legally required to use a probate attorney in most cases. In the rare case that it’s not,...
While probate may seem inconvenient, its purpose is to protect the assets in the deceased’s estate while also protecting the heirs’ best interests. During probate, the court will determine if the last will is authentic and valid, making sure it complies with the requirements of the law. After probate, the estate can be divided and distributed to the named heirs and beneficiaries.
However, the complexity of these matters can lead to expensive fees and long delays of years or more before the assets are distributed. As creditors’ interests also factor into the division of assets, probate risks becoming a court case you file for the benefit of the decedent’s creditors.
While the need for probate can often be lessened with proper estate planning, many nevertheless find themselves in a situation where expected inheritances are caught up in a complicated and unfamiliar web of decisions that are beyond their control or understanding. An experienced probate attorney can help you to navigate and manage the probate process.
While the purpose of probate is clear-cut, the process itself can be difficult and overwhelming. You need an experienced probate attorney who is familiar with the applicable laws and procedures.
A probate attorney can help you administer the estate and take the following actions:
To learn more and gain an advocate to help you take control of this situation, consult a probate attorney from The Family First Firm.
Like any court procedure, you have to start the probate process by filing a petition. If you’re the appointed executor or administrator of the estate, you have to initiate this process. You can seek the assistance of a probate attorney, especially if you’re not sure where to start.
Once the court schedules a hearing, you can’t be sure that the whole process will go smoothly from there. Unforeseen issues and circumstances can arise along the way. For example, several creditors could come forward to claim payments. The decedent might also have other outstanding obligations that need to be paid. Your probate attorney can help you to assess the situation and prepare for probate. Call The Family First Firm today to schedule a consultation.
While probate can be avoided through the use of trusts, any assets not owned by the trust will need to be probated. This is true regardless of whether or not there is a last will. If there is a last will, the estate will be divided and distributed according to the wishes indicated in the will. If there is no will, the estate will be divided by following the intestacy laws of Florida. The spouse or children of the decedent will generally be prioritized as the primary heirs in the division, as applicable.
Probate can be an especially lengthy process if the decedent doesn’t leave a will. Courts could take a long time to determine which heirs will receive which assets. It is also an expensive, public process, and the interests of creditors can interfere with the intended distribution of assets. To better understand the probate process and prepare accordingly, schedule a consultation with The Family First Firm today.
Many people try to avoid probate and the hassle that comes with it. The process can be expensive and time-consuming. In addition, many family members are not prepared to deal with its complexities.
One legal option is to create a living trust and transfer properties in the name of that trust. After you pass on, the assets in that trust don’t have to go through probate. An appointed trustee will distribute the assets according to your wishes. This approach can eliminate the expenses and headaches of probate. Before setting up your trust, consult The Family First Firm to discuss your options.
While probate can proceed more quickly if the estate does not have significant issues, the court can take a long time in cases where the heirs disagree with the division, or where certain properties in the estate are questioned.
A probate attorney can assist you in preparing the petition and taking the necessary steps to ensure the process will go as smoothly as possible.
The Family First Firm can help you collate all the properties of the estate, deal with creditors, pay estate taxes, and more. Contact us today for a free consultation.
The paralegal I consulted was very informative and compassionate. She took the time to explain all processes. Great customer service all around.
I am extremely pleased with this firm and would recommend them to ANYONE!
They make the experience of dealing with family issues a comfortable experience. Hard to broach some topics and it was much easier than I expected. You can trust Geoff with your life and death.
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