When someone passes away, their estate goes through a legal process called probate. Given that it involves a court, the language used can be dense. Proper will administration is crucial for all parties: the testator, the beneficiaries, and the executor.
A probate lawyer is an attorney who specializes in the legal aspects of settling a decedent’s estate. They ensure the deceased person’s wishes are carried out and that their heirs get their inheritance with as little hassle as possible. You should seek advice from an expert when dealing with a tricky probate matter. The question of what services probate attorneys provide becomes relevant at this point.
- Preparing Necessary Paperwork
When you hire an attorney, you don’t have to worry about drafting or filing any paperwork. To put it simply, your lawyer will do everything that needs doing.
- petition for probate
- File addenda
- To Appear in Court
- Schedule Evaluations
- Procedures for the Disposal of Assets
- Finalize the estate
This guarantees a fair and comprehensive distribution of the estate. In addition to relieving stress, this allows you more time to focus on mourning your loss.
- Requirements for Estate Compensation
If a person passes away intestate, their assets will be distributed by the probate court following applicable statutes. A family member may submit a claim against the estate to increase their part of the inheritance. A probate attorney can help you sort through the various claims. In the event of death with a legally binding will, disinherited relatives may seek to have the choice declared invalid. If the intention is declared invalid, the deceased’s inheritance is distributed as if the person had died intestate, making the omitted relative a recipient of the deceased’s assets. An experienced probate attorney can help get the deceased’s last wishes carried out by advocating on their behalf.
- Conflicts Over Beneficiaries
Probate and the disposal of a deceased person’s assets can often bring out the worst in individuals. In cases with multiple beneficiaries, disputes about who is entitled to what can arise. A probate lawyer can help sort out any disagreements over the will and ensure that the deceased’s intentions are carried out as intended. Having a personal lawyer can significantly assist in complex situations, and beneficiaries should consider doing the same. These lawyers will look out for their client’s best interests by closely monitoring the probate process. It’s essential to remember that the attorney handling the asset is working for the decedent, not the beneficiaries.
- Having several creditors
Creditors have higher priority than beneficiaries under Florida law. Creditors have three months from the day they are notified of the probate proceeding to submit a claim against the estate once it has been opened. If a creditor fails to file, they will lose their right to compensation. This may seem like a straightforward chore, but identifying possible creditors and the amounts owed to them by the estate can be extremely difficult. If you want to make sure that all potential creditors are contacted promptly, an attorney can assist you in figuring out how much money is being claimed by the creditor.
- It’s a Big or Complicated Estate
A lawyer’s assistance will be more valuable the larger and more complicated the estate is. The assets of a large estate may include a substantial sum of money or numerous forms of material and immaterial property. The fact that a business could be part of the estate increases the complexity. Lastly, a probate lawyer will ensure that any outstanding debts or taxes are appropriately settled to avoid complications.
In conclusion, if you are dealing with the probate of a loved one’s estate, you may find yourself in the unenviable position of having to look out for these symptoms. On the other hand, if any of these things happen to you, it could be time to consult with a probate attorney. If you run into any complications throughout the probate process, these seasoned attorneys are here to help.