It is not always easy to deal with probate in Florida. From will contests to family disputes, a seasoned probate attorney can help you resolve various problems that would be almost impossible to overcome otherwise.
Should you work with an attorney to handle probate in Florida? Read on to find the answer.
Why Should You Work with a Probate Lawyer in Florida? – An Introduction
A probate lawyer is a licensed attorney that specializes in handling probate cases. In many cases, probate lawyers also have experience with estate planning, elder law, and civil litigation, as these topics tend to be probate-related issues.
Florida law can be quite complex when it comes to probate proceedings. The Florida Probate Code encompasses Chapters 731 to 735 of the Florida Statutes, a long and tiring reading experience for non-lawyers.
Finding the right chapter or subchapter that applies to your case is even more complicated, besides the need to extensively consult case law to identify which type of decisions courts tend to make.
The most common form of probate in Florida is formal administration, which requires the personal representative (executor of the deceased’s will named in court) to be represented by a licensed attorney.
Hence, a probate attorney is fundamental in almost all cases, as only specific cases allow you to waive an attorney’s help. These rare occasions include smaller estates subject to disposition of property without administration or summary administration.
Please note that, even in such cases, the guidance of an expert attorney is not automatically waived due to technical complexities and unexpected issues that may arise during the process.
Is an Attorney Required for Probate in Florida? – Reasons to Say Yes
Tackling Legal Complexities
Navigating the probate process without a lawyer can be significantly frustrating for non-technical individuals, especially if the case involves complex estates, intestacy (no will), unknown heirs, creditors, and other factors.
Handling Extensive Paperwork
It is neither easy nor convenient to handle all the documents involved in probate, including wills, certificates, affidavits, etc. Drafting and executing documents properly is not easy as well, considering they must meet specific legal requirements.
Using vague or imprecise language in a probate document may lead to catastrophic results, which is easily avoidable with the help of an experienced legal counselor.
Conflict Mediation and Resolution
Legal battles involving inheritance are not limited to rich families. It is not hard to find decade-lasting cases in which families involved themselves in never-ending rifts instead of cooperating.
The guidance of an expert legal advisor with mediation skills is fundamental to avoiding disagreements or soothing conflicts that may arise during the probate process.
Protecting the Interests of Legitimate Heirs and Beneficiaries
This topic is particularly important in cases involving larger estates with several interested individuals. In such cases, filtering out invalid or illegitimate claims is crucial to protect the interests of the decedent’s real heirs and beneficiaries.
For example, an attorney may assist a surviving spouse to protect her fair share of her deceased husband’s estate and maximize her entitlements. Another example is to help children born out of wedlock to secure their interests against the resistance of other family members.
Do You Want to Avoid Long-Lasting Probate Proceedings? – Contact Your Florida Probate Lawyer Today
You do not need to waste time and money with uncertainty. Find a solution by calling Attorneys Romy B. Jurado and Diana C. Collazos today at (305) 921-0976 or emailing [email protected] to schedule a consultation.
