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By Simon Volkov
A Florida probate lawyer can be instrumental in establishing strategies to protect inheritance assets or help with estate settlement procedures. Probate is the legal protocol used with the U.S. to settle estates. Every decedent estate must endure the probate process unless property and personal belongings are protected by a trust.
Locating a suitable Florida probate lawyer can be accomplished by obtaining referrals from family or friends or by interviewing multiple attorneys. Consultations can be especially helpful for individuals who require a lawyer to assist with estate settlement.
Settling a loved ones estate can be complicated, but is particularly difficult to handle during the grieving process. When probate attorneys seem disinterested or lack compassion, estate settlement can become nearly intolerable.
When decedents have left a last will and testament, probate can usually be completed within a matter of months. When decedents die without leaving a Will, probate can be prolonged for several months or even years. This is referred to as an intestate estate and requires additional time to appoint a probate personal representative and determine rightful heirs.
The last Will is an essential element in settling decedent estates because it provides directives as to how inheritance assets should be distributed. The Will is also used to appoint an estate administrator. Once the Will is presented to probate court the Administrator can commence with estate settlement duties.
During probate the Administrator is responsible for several duties. These can include securing valuable property, obtaining property appraisals, paying outstanding debts, notifying government entities such as Social Security and Medicare of the decedent’s death, and overseeing distribution of inheritance. Most find it helpful to work with a Florida probate lawyer to ensure compliance with state laws.
Probate attorneys are almost always needed to help settle intestate estates. When residents of the Sunshine State die without executing a Will, the process can be complex. A personal representative must appear in court to receive authorization to commence with required duties. Anyone who embarks on estate settlement without receiving court confirmation could face legal consequences.
Probate lawyers can be invaluable when claims are filed against Florida estates. These could include creditor claims, lawsuits from outside parties, or when heirs contest the Will. Sadly, it has become a common practice for heirs to contest Wills when they believe they are entitled to inheritance property gifted to others or if they have been disinherited.
Probate lawyers can also be invaluable when family disputes arise. There are times when lawyers should oversee estate settlement, but this can be costly. The estate is responsible for legal fees. If the estate does not possess sufficient funds the personal representative may have to sell inheritance assets to cover expenses.
Legal fees can be assessed at an hourly rate, flat fee, or percentage of estate value. Most law firms charge hourly for research, phone consultations, recording documents through the court, and court appearances. Fees will vary by lawyer, complexity of settlement procedures, special provisions provided within the Will, and number of beneficiaries.
Multiple legal issues surround Florida probate law. It is important to choose wisely. If possible, obtain referrals from friends or family. The American Bar Association website presents a list of Florida probate lawyers at abanet.org.
About the Author: Understanding
Florida probate law
can help protect inheritance property and ensure heirs receive intended gifts. Learn simple ways to avoid probate through estate planning from real estate investor and probate liquidator, Simon Volkov at
SimonVolkov.com
.
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