why hire a probate attorney

What Does a Probate Lawyer Do?

1. Keep the Family from Conflict. Hiring a probate attorney is a great way to prevent needless family conflict. ...
2. Access the Estate Faster. Probating can be a lengthy process – it often takes over a year. ...
3. Prevent Claims Against the Estate. ...
4. Prevent Rejection. ...
5. Answer Questions. ...
6. Deal with Debts Properly. ...
7. Avoid Overpaying. ...
8. Stay Away from Lawsuits. ...

More items...

Full Answer

Why do I need a probate lawyer?

Apr 10, 2018 · Keep the Family from Conflict. Hiring a probate attorney is a great way to prevent needless family conflict. Without a lawyer, many family members may want to be a part of the probate process, which adds to the conflict and confusion. If you don’t allow them to participate, they might feel like you’re hiding something.

Do Probate lawyers get paid by the person who hires them?

Feb 18, 2021 · Reasons You Should Hire an Experienced Probate Attorney. 1. An experienced probate lawyer knows each step of the process and has systems in place to keep your case moving in an expeditious manner. We file all of the required pleadings with the court and ensure that creditors of the estate receive a timely notice to file their claims.

What happens if you don’t have a probate lawyer?

Why Hire a Los Angeles Probate Attorney? Making the decision to hire an attorney after the loss of a loved one may be difficult, but it may also be extremely beneficial, enabling you to go through probate as smoothly and swiftly as possible. Probate is a potentially complex process that is legal in nature. It also involves finances and may be emotionally involved, making it that …

Why should I hire a lawyer?

Why hire a probate lawyer in Florida when a loved one dies intestate? Florida Probate laws figures out the rightful heirs of deceased person property.

Reasons You Should Hire an Experienced Probate Attorney

1. An experienced probate lawyer knows each step of the process and has systems in place to keep your case moving in an expeditious manner. We file all of the required pleadings with the court and ensure that creditors of the estate receive a timely notice to file their claims.

What Does a Probate Attorney Do?

Many individuals who are appointed as personal representatives are not sure how the probate process works or what obligations must be fulfilled before the assets of an estate can be distributed. Thus, a probate attorney can provide a personal representative with the advice and guidance needed to successfully administer a will.

How Much Does it Cost to Hire a Probate Attorney?

Probate attorney fees are paid from the estate and not from the executor or personal representative. These fees can be by the hour, a flat fee, or percentage of the property based on the value of the estate.

Hire a Probate Attorney for Peace of Mind

If you have been appointed to administer a loved one’s estate, you don’t have to go through this alone. We understand that the probate process can be confusing and overwhelming. It is our goal to make it as simple as possible for you. We will carefully walk with you every step of the way.

What is probate in Florida?

Probate is necessary in the administration of assets to a decedent’s beneficiaries outlined within the will. This process is required to prove the validity of the will and ensure assets are properly distributed to the correct beneficiaries. There are two primary forms of probate in Florida: 1. Formal Administration.

How are trusts handled?

Legal aspects involving trusts are handled through probate court. This includes the administration of a trust (ensuring assets go to named beneficiaries) as well as litigation matters such as disputes among beneficiaries.

Where to file a will in Florida?

1. Filing The Will. The person who’s responsible for the will needs to file the legal document with the Florida Circuit Court within the county which the testor resides in at the time of death. For example, if someone passes away in Fort Lauderdale, they will need to file the will within the Broward County Probate Court.

What happens when someone dies without a will?

When someone dies without a valid will, their assets are declared intestate. It’s important to note that “ intestate ” does not mean that the property now belongs to the State. In fact, Florida has a specific process in determining who receives the decedent’s assets in the absence of a valid will.

What happens to property after a person dies?

After a person passes away, property is often passed along to family members of the deceased. Unfortunately, certain disputes may arise even when the decedent has a solid estate plan in place. For example, issues can occur regarding the actions of the personal representative or the trustee.

Do all assets go through probate?

Do All Assets Go Through Probate?#N#After an individual dies, all assets of the decedent must be transferred out of his or her name. Assets that are jointly owned, have a beneficiary designation or that are payable on death, do not have to go through probate. However, all other assets that are titled solely in the decedent’s name must go through the probate legal process.

Do you have to go through probate in Florida?

Assets that are jointly owned, have a beneficiary designation or that are payable on death, do not have to go through probate.

What is Russell Boring's award?

Over 27 years experience and award winning legal services. Russell Boring was bestowed the Client Distinction Award, the Martindale-Hubbell® honor of distinction for: Communications Ability, Responsiveness, Quality of Service, and Value for Money.

Is estate planning a will?

While Estate Planning is often as simple as having a valid Last Will and Testament, it can also accomplish many other goals. Through various, informed Estate Planning techniques, you can provide for your family’s future while also protecting its assets. Contact Russ. Contact Attorney Russell Boring Today.

Do you have all your ducks in a row?

Do you and your loved ones have “all their ducks in a row?” It can be devastating to discover that the good intentions and promises of gifts of a dearly departed family member are ignored and unenforceable by the Probate court unless in a properly drafted document. While Estate Planning is often as simple as having a valid Last Will and Testament, it can also accomplish many other goals. Through various, informed Estate Planning techniques, you can provide for your family’s future while also protecting its assets.

What is Probate?

The term “probate” refers to the legal process of filing with the courts and validating a will or trust, determining heirs, paying debts of the deceased, and passing certain assets from a deceased person to their beneficiaries or heirs.

Does There Have to Be a Last Will and Testament For Probate to Take Place?

No. While people often think of probate as a process that takes place when someone has left a last will and testament, it may also be necessary when someone dies without leaving a will.

Why You Need That Probate Attorney

As if the “simple” explanations above weren’t enough to keep up with, there are many more provisions and provisos in state law that govern the probate process.

What You Should Know About Florida Estate Planning and Probate Law

Even with a probate attorney on your side, there are a handful of things that you should know about Florida probate law (a few of which have been mentioned already.)

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.

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.

What is Bush Ross PA?

In 1981, the founders of Bush Ross PA, a Tampa-based law firm, opened their practice to provide an ethical, cost-controlled service for its clients. It has since grown to include estate planning, trusts, and probate into its portfolio of practice areas, serving clients throughout the Tampa Bay metro area. Its attorneys support executors in fulfilling their role in probate court, filing documents on their behalf and mediating in disputes, as well as litigating if no other resolution can be found.