Florida circuit probate courts issued over 68,000 dispositions from July 2020 through June 2021. While many of these dispositions were fairly simple, not all estates qualify for simple distribution. If you find yourself facing a complicated probate situation, you may need assistance navigating the issues at hand. This is when it’s time to ask, what can probate attorneys help with?
1. Document Prep
Hiring a lawyer means you can hand over the responsibility of preparing and filing documents to them. The attorney will perform all of the necessary tasks for you.
- Petition for probate
- File supplements
- Appear in court
- Arrange appraisals
- Process sale of assets
- Closeout the estate
This ensures that the estate gets distributed correctly and completely. It also takes the pressure off of your shoulders, giving you more time to grieve the loss of your loved one.
2. Claims Against the Estate
If someone dies without a will, they are intestate, which means the probate court will distribute their assets in accordance with the law. Family members may file claims to the estate in an attempt to receive a larger share. A probate lawyer can sort through these claims. If someone passes away with an enforceable will, family members that get left out of said will may try to have the will set aside. With the will set aside, the deceased’s estate gets distributed as if they died intestate, and the left out family member becomes a beneficiary. A skilled probate attorney will know how to advocate for the will to ensure the deceased’s wishes get carried out in accordance with the will.
3. Beneficiary Disputes
Unfortunately, probate and distribution of a deceased’s assets can bring out the worst in people. It’s not unusual for two or more beneficiaries to find themselves in a dispute over beneficiary claims. If tensions arise, a probate lawyer can help interpret the will to best carry out the deceased’s wishes. Beneficiaries may also find it helpful to obtain their own legal representation. These attorneys will advocate for the client’s best interest by monitoring the probate administration. Remember, the attorney representing the asset is representing their client, the deceased, not the beneficiaries.
4. Multiple Creditors
Under Florida law, creditors receive a higher priority than beneficiaries. There’s a three month window where creditors must receive notification of the probate process so that they can file a claim against the estate. Creditors that fail to file become barred from recovery. While this sounds like a simple task, it can actually be quite challenging to determine who potential creditors are and what debt they hold that the estate needs to pay. An attorney can help you determine the extent of the creditor’s claims to ensure that all potential creditors get notified in a timely manner.
5. The Estate Is Large or Complex
The bigger and more complex the estate is, the more a lawyer will be able to assist. Large estates could have a large sum of money or have many different types of tangible and intangible assets. In addition, the estate could also contain a business, further complicating matters. Finally, if the deceased owes a lot of debt or taxes, a probate lawyer will ensure these situations get handled correctly to prevent issues later.
What Can Probate Attorneys Help With?
If you find yourself in the unfortunate position of handling a deceased’s estate’s probate, you’ll want to be on the lookout for these signs. In contrast, if you find yourself facing any of these situations, then it’s time to consider hiring a probate attorney. These skilled lawyers are ready and able to assist you with potentially complicated issues that can draw out the probate process.
Schedule a consultation today with one of our knowledgeable probate attorneys.
