what kind of attorney handles probate

What are the main duties of a probate attorney?

May 08, 2020 · A probate attorney usually handles the process of estate administration after a person dies. An estate planning attorney, on the other hand, works with living clients on how their client's estates should be administered. The attorney could do that by helping clients prepare trusts, wills, and other relevant documents.

How much do lawyers charge for probate?

A probate attorney is a state-licensed lawyer who can help the Executor of a Will (if one was appointed) or the beneficiaries of an estate get through probate as they work to settle an estate. Their services could typically include everything from finding and inventorying assets of the estate, to understanding and paying all the debts the estate may have, to distributing and …

Will you need to hire a probate lawyer?

This process can often be complicated and confusing. That's where a probate lawyer comes in. This type of lawyer is well versed in all the probate laws in your state, and their job is to guide the executor of will through the process and help with any difficult steps. Some of the jobs they might take care of including the following:

What does a probate lawyer do?

Oct 26, 2016 · Probate. Whether you realize it or not, there is a very good chance that you will need the services of a probate attorney at some point during your lifetime. Of course, in order to know when you need to hire a probate attorney you first need to know what kind of legal matters probate law firms handle. While every law firm is unique, and decides independently what type …

What is a Probate Attorney

A probate attorney is a state-licensed lawyer who can help the Executor of a Will (if one was appointed) or the beneficiaries of an estate get through probate as they work to settle an estate.

What Does a Probate Attorney Do?

Also known as a probate lawyer, probate attorneys are hired to help settle an estate. After the death of a loved one, their Estate Plan dictates the next steps. If they have a Will, probate will be necessary. Trusts won’t go through probate, which can sometimes make the process a bit less complicated and much more private.

Do I Need a Lawyer for Probate?

Whether or not you need a probate lawyer will depend on multiple factors and scenarios. You’ll want to consider things like:

Questions to Ask a Probate Attorney

If you do end up using a probate attorney, there are a few things you should know before retaining one. Asking questions up front will ensure there are no (costly) surprises along the way. Use the following list to help you find an attorney who will be the right fit for your exact needs.

Why do you need a probate lawyer?

Most importantly, however, hiring a probate lawyer will help you focus on what really matters, which is mourning your loved one who passed away and being with family and friends.

How many years of experience do probate lawyers have?

Any probate lawyer you work with should have at least several years of experience. If your case is complicated, you should also make sure they have worked in similar circumstances. This way you know they can handle any problems that come up along the way.

What are the duties of a life insurance agent?

Some of the jobs they might take care of including the following: 1 Appraising the property of the person who passed away 2 Securing all that person's assets 3 Finding out how much (if any) estate taxes are owed 4 Handling the proceeds from life insurance 5 Filling out any necessary documents

Who is Aaron DeBruin?

Aaron De Bruin is an Estate Planning and Criminal Defense attorney serving Greenville, SC and the surrounding upstate. Aaron fights for the rights of every one of his clients works hard to make sure they are treated fairly – no matter how small or large a legal case may be.

What to do if someone passes away with life insurance?

Handling the proceeds from life insurance. Filling out any necessary documents. If the person who passed away had any debt or bills they failed to pay, a probate lawyer will also advise the executor of will on the best way to handle these issues.

What happens if someone dies without a will?

If someone dies without a will, all their assets must be dispersed according to intestacy laws. In other words, the state will distribute the assets—regardless of what the person may have wanted. For cases like these, you can hire a probate lawyer to help the administrator of the estate (which is kind of like the executor of will) ...

What happens when a person passes away?

When a person passes away, they leave behind a number of assets, such as their personal belongings, a home, money, etc. Most people appoint an executor of will to be in charge of disbursing these assets to any other beneficiaries. This process can often be complicated and confusing.

What Is Probate?

To begin with, it is important to understand what the term “probate” refers to if discussing the type of cases probate law firms handle. Probate refers to establishing the validity of a Last Will and Testament.

Probate Law Firms – When Might You Need One?

Although not an exhaustive list, the following list includes some of the most common scenarios in which you might need the assistance of a probate law firm:

Contact Us

For more information, please download our FREE estate planning worksheet. If you have additional questions or concerns regarding probate law firms, contact the experienced Missouri estate planning attorneys at Amen, Gantner & Capriano, Your Estate Matters, LLC by calling (314) 966-8077 to schedule an appointment.

What is probate lawyer?

What is a probate lawyer or probate attorney? A probate lawyer is a state licensed attorney who works with the executors and the beneficiaries of an estate to settle the affairs of the decedent. In some instances, probate can be avoided if all the decedent’s assets have been placed in a trust.

What is the job of a probate attorney?

Obtaining appraisals for the decedent’s real property. Assisting in the payment of bills and debts. Preparing and filing all documents required by a probate court. Determining if any estate or inheritance taxes are due, and making sure those debts are satisfied. Resolving income tax issues.

What happens to assets when a person passes away?

When a person passes away, their assets must be disbursed in a manner consistent with state laws and following the directions they put forth when they were alive, as stated in their will. A probate lawyer guides the executor of will or beneficiaries of an estate through the probate process: From identifying estate assets ...

What is Kassel Law Group?

Kassel Law Group, PLLC, is a Tampa-based firm that aims to be forward-thinking and modern in its approach to probate law. The firm offers guidance to family members and surviving heirs that seek to relieve their burdens and navigate the probate process. Kassel Law Group handles issues such as estate assets inventory, tax filing, creditor payments, and assets distribution. In operation since 2016, the firm seeks to ensure full client involvement and also provides representation for litigation proceedings.

What is Brandon Legal Group?

The Brandon Legal Group was founded in Brandon in 2007 to provide legal services in matters such as probate, estate planning, personal injury, and family law. The firm has grown to include offices in Tampa, Lakeland, and Wesley Chapel, enabling it to offer services across the Tampa Bay area. Its probate practice supports and guides executors of the decedent's will through the court processes, prepares and files all legal documents, and ensures the terms of the will are honored.

What is Allen Dell?

Founded in 1925, Allen Dell PA is a Tampa-based business, family, and litigation law firm that represents high-net-worth individuals and their families in matters regarding probate. The firm's trust and estate attorneys are experienced in the full spectrum of probate law, from assisting in straightforward cases to advocating, litigating, and mediating in complex cases where the conduct of the executor is challenged or the will is contested, as well as other forms of dispute.

Where is Laurie Ohall?

Ohall PA practices estate planning, probate, and elder law in the Tampa Bay area from its offices in Brandon. Founding attorney, Laurie Ohall, a 1994 graduate of the Stetson University College of Law, is a Certified Elder Law Attorney with the Florida State Bar. The practice's probate services include building an inventory of the decedent's estate for distribution to beneficiaries and guiding the executor through the probate process.

Who is David Toback?

David Toback, Attorney at Law, is a lawyer in Tampa who focuses his practice on estate planning and probate matters. He helps families in drafting wills, creating trusts, and using legal estate planning tools to ensure their financial future and the wellbeing of their estates. He has 21 years of experience in assisting families in proper estate planning and developing and implementing tax-saving strategies to reduce tax liability, protect assets from creditors, and manage the money going to irresponsible family members.

What is Ayo and Iken?

Founded in 2005, Ayo & Iken is a full-service Tampa law firm serving clients throughout the metro area , with over 10 additional offices serving the rest of the state. The firm's probate practice represents individuals and families, helping them navigate the court processes and supporting their duties during an emotional time. The attorneys have extensive experience in applying probate law, building inventories of the decedent's estate, ensuring debts are paid from it, and distributing the remainder to the named heirs.

Where is Stross Law Firm located?

Located in Oldsmar, Stross Law Firm PA provides legal counseling in matters relating to estate planning and probate for clients across the Tampa metro area. Founded in 1996 by attorneys with years of experience in the practice area, the firm acts for named representatives in probate matters, and call also act as the representative for the decedent. Its services include the preparation of all court documents, mediating in disputes, and ensuring debts and taxes are paid by the estate.

Hire an Experience Probate Law Firm in Tampa, FL

In Florida, there are two main ways to probate an estate: formal administration and summary administration. Summary administration is used when a decedent's assets are less than $75,000.

Get through the probate process as quickly as possible

Every probate case is different. Drummond Wehle Yonge LLP will treat your case accordingly. Bring in all valid documents and records to our initial meeting. We'll take a close look at the decedent's assets and their collective value, and work together to make an informed decision. In addition to probate law, our firm also handles...

Why is probate necessary?

Probate is necessary to pass ownership of the decedent’s probate assets to the decedent’s beneficiaries. If the decedent left a valid will, unless the will is admitted to probate in the court, it will be ineffective to pass ownership of probate assets to the decedent’s beneficiaries.

What is probate administration in Florida?

Probate Administration often involves complex considerations that need the guidance of an experienced estate planning and probate attorney. As a result, the Florida Statutes and Court rules require the assistance of a Florida attorney to administer a Florida Formal Administration estate.

How long does a probate claim take?

Creditors who receive notice of the probate administration generally have three months to file a claim with the clerk of the circuit court. The personal representative, or any other interested persons, may file an objection to the statement of claim.

What is a will in Florida?

A will is a writing, signed by the decedent and witnesses, that meets the requirements of Florida law. In a will, the decedent can name the beneficiaries whom the decedent wants to receive the decedent’s probate assets.

How long does it take to deposit a will in Florida?

The custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. (S. 732.901, Florida Statutes.) There is no fee to deposit the will with the clerk of court.

Can a surviving spouse receive probate in Florida?

The decedent’s surviving spouse and children may be entitled to receive probate assets from the decedent’s probate estate, even if the decedent’s will gives them nothing. Florida law protects the decedent’s surviving spouse and certain surviving children from total disinheritance.

What is a personal representative in Florida?

The personal representative is the person, bank or trust company appointed by the judge to be in charge of the administration of the decedent’s probate estate. In Florida, the term ‘personal representative’ is used instead of such terms as ‘executor, executrix, administrator and administratrix.’.