Florida probates take various forms depending on the type of representation. Small Estate proceedings, known as Summary Administrations, may be available when the deceased has been gone for more than two years. Alternatively, the total assets subject to the probate administration must be less than $75,000.
Who Is a Probate Attorney?
A probate attorney helps the Executor of a Will or the beneficiaries of an estate through the probate process as they strive to settle an estate. Our services in West Boca Beach typically include understanding all debt that the estate has to pay, finding assets, inventorying assets, and settling the estate. Probate attorneys help with the actual process of Estate Administration.
What Does a Probate Attorney Do?
The main role of probate attorneys is to settle an estate. After the death of a loved one, we use their estate plan to take you through the next steps. If you have a Will, probate is essential. However, Trusts do not require that you go through the probate process.
However, even if only a Trust is involved, you may still need a West Boca Beach probate attorney. They will help you administer the Trust. The attorney may represent a beneficiary of the estate, the estate itself, or a personal representative. In some instances, the probate attorney may need to play various roles.
Probate attorneys accomplish several tasks, including:
- Helping to collect proceeds from life insurance policy
- Identifying all the assets of an estate
- Determining and paying inheritance tax
- Determining and assist in paying income and estate taxes that may be due
- Retitling assets to match the names of beneficiaries
- Preparing court documents and filing them
- Opening and managing the checking account of the estate.
Reasons to Consider Hiring Us
There are a few reasons to consider hiring us for your probate needs:
- How well do you understand state laws?
- How big is the estate?
- What type of Estate Plan did the deceased have?
- How complicated are the designations of assets and beneficiaries?
- Did the deceased have a Trust, Will, both, or none?
Working with an attorney is always a good idea, even when you think you can handle the probate process on your own. The right team will give you peace of mind. They will handle all the legal complications while you focus on the grieving process. No matter how complicated the case may be, the right probate attorneys will simplify it.
While you can get through probate without necessarily involving an attorney, it is in your best interest not to. The right attorney will help you understand processes, minimize errors, and prevent conflict.
Essential Questions for Your West Boca Beach Probate Attorney
We are always happy to answer your questions regarding the probate process. Asking the right questions will help you manage your expectations. They could be a fantastic way to avoid expensive surprises. Here are some of the most essential questions you should ask a probate attorney you’re considering hiring:
How long have you been in practice?
At Loughlin Law P.A., we have been offering virtual and in-person legal services all around Florida for a while now. Experience is not always a measure of reliability. However, experienced attorneys are in a better position to help you than inexperienced ones.
How long do you think the case will take?
Having a rough idea of how long the process could take may help you prepare. The duration varies depending on the specifics of your case. Probate processes that drag on for a long time can be expensive and tiring. Knowing what to expect ahead of time can be helpful. However, it is important to give some room for unexpected delays.
What are your charges?
This is an important question when hiring a probate attorney. Do they charge a flat rate, an hourly fee, or a percentage off the value of the estate? Our team is straightforward with our charges.
What Services Do We Offer?
In our attempt to help families through the death of loved ones, we offer a few services.
1. Supporting Heirs and Executors
Being the executor of a will is more challenging than it may seem. It comes with a lot of pressure, and having legal representation is always a good idea. Heirs may also need clarification on the probate process and what it entails.
Seeking the help of a probate lawyer reduces doubt and confusion. We can help you with debt settlement, court filings, and releasing inheritance. We help you get past potential pitfalls and avoid legal risks if you are an executor.
2. Protecting the Estate
In addition to protecting the heirs, we also protect the estate. Our job is to make sure that the wishes and interests of the deceased are protected. If there are legal claims against the estate, we represent the estate against them. Claims against an estate are very complicated. Without legal experience and representation, it may be impossible to handle them.
Working with a probate lawyer reduces anxiety for the descendants. It gives them a sense of direction as they go through the tough times.
3. Reducing Family Conflict
The death of a loved one is emotional. Grief, tension, anger, and frustration are common emotions. Disputes regarding the estate could make things worse.
A probate lawyer has answers to common questions. They offer clarity and reduce family conflict. Since a lawyer is detached and professional, they can handle the issue without bias.
Are you looking for probate services? Loughlin Law is happy to help. Our legal services are available all through Florida. Our goal is to ease tension and promote a smooth transition after the death of a loved one. We implement non-traditional approaches to meet your needs. Contact us today for a free virtual appointment.