In essence, Florida probate lawyers handle probate cases and help clients navigate the complex and often confusing rules and procedures of the Florida Probate Code.
Below, we will explain some of the common tasks and responsibilities Florida probate lawyers perform and why you may need one if you are involved in a probate matter in Florida.
How Florida Probate Lawyers Help Clients with Probate
Florida probate lawyers can help clients with various aspects of probate, depending on their role and needs.
Some of the common ways probate lawyers assist clients are:
- Drafting and reviewing wills and trusts. Probate lawyers can help clients create valid and effective estate planning documents that reflect their wishes and goals. They can also review existing wills and trusts and advise clients on how to update or amend them if necessary.
- Representing personal representatives. Probate lawyers can help personal representatives fulfill their duties and obligations under the law. They can guide them through the steps of formal administration, such as:
- Filing petitions, inventories, accountings, notices, and reports with the court;
- Communicating with creditors, beneficiaries, and other parties;
- Paying debts, taxes, and expenses; and
- Distributing assets to the heirs or beneficiaries.
- Representing creditors. Probate lawyers can help creditors protect their rights and interests in probate cases. They can file claims against the estate, object to improper payments or distributions, and pursue legal actions if necessary.
- Representing beneficiaries. Probate lawyers can help beneficiaries ensure that they receive their rightful share of the estate by:
- Monitoring the progress of the probate case,
- Reviewing the documents filed by the personal representative,
- Requesting information or accounting from the personal representative,
- Contesting any irregularities or errors in the administration, and
- Challenging any invalid wills or trusts.
- Representing heirs. Probate lawyers can help heirs who are entitled to inherit from an estate when there is no valid will or trust by:
- Establishing their relationship with the decedent,
- Asserting their claim to the estate, and
- Defending against any competing claims from other parties.
- Litigating probate disputes. Probate lawyers can help clients resolve any conflicts or controversies that may arise during or after probate. They can represent clients in court hearings, trials, mediations, arbitrations, or appeals involving issues such as:
- Will contests,
- Trust contests,
- Undue influence,
- Breach of fiduciary duty,
- Misappropriation of assets,
- Spousal rights, homestead rights,
- Elective share, exempt property,
- Family allowance,
- Creditor’s claims,
- Tax liabilities, or
- Wrongful death.
As you can see, Florida probate lawyers do many things to help clients. Probate can be a complicated process that requires knowledge and experience. A probate lawyer can provide valuable guidance and representation throughout the process, ensuring that your rights and interests are protected.
If you are involved in a probate matter in Florida, whether as a personal representative, beneficiary, heir, creditor, or interested party, you will benefit from hiring a probate lawyer who can help you understand your options, avoid potential pitfalls, resolve any disputes or challenges, and achieve your goals.
Why Choose Jurado & Associates, P.A. for Your Probate Needs
We specialize in probate and estate planning, and we have the knowledge, skills, and resources to handle any probate matter, no matter how simple or complex.
We understand that probate can be a stressful process. That is why we are committed to providing you with personalized and attentive service, keeping you informed and involved throughout the process, and protecting your rights and interests at every stage.
We will take care of everything so you can focus on more important things, such as healing emotionally and helping your family do the same. To schedule an initial consultation, you can reach us by phone at (305) 921-0976, by email at [email protected], or by WhatsApp at +1 (305) 921-0976. We are ready to assist you with your probate needs and answer any questions you may have.