Why You Need a Florida Probate Attorney in Your Local Community to Help You

Nydia Menendez • May 21, 2023
Did you know a Florida probate attorney is a lawyer who focuses her practice in the area of helping families deal with the affairs of a person that has passed away? Many people believe that having a Will is the best way to plan. However, the reality is that when a person passes away in Florida with a Will, his or her estate will, in almost all instances, go through the Florida judicial probate process. If the person does not have a Will, a Florida probate may still be needed.  

A Florida probate attorney is hired to administer the estate of the decedent and works alongside the Personal Representative (who must be appointed by the court) and the probate court. 

As part of this representation, the attorney will manage responsibilities that include, but are not limited to, the following:
  • Prepare court documents and pleadings,
  • Determine the legal beneficiaries and the legal creditors,
  • Marshall the assets of the decedent and prepare an inventory,
  • Gather appraisals where needed for real estate and business interests,
  • Make sure legal debts are paid,
  • Settle any remaining tax bills that need to be paid, and
  • Search for unknown assets and creditors.
Your Florida probate attorney may even settle any disputes that may arise among beneficiaries or heirs and handle potential conflicts that arise.

The probate laws vary between the states, and even between the jurisdictions in Florida. Finding a Florida probate attorney who serves your local community can prove invaluable. She will not only know the local laws and regulations but can give you legal advice based on her experience in the community. She will have a deep understanding of local statutes, procedures, and court systems, and have local relationships including the judges, court staff, and other professionals involved in the legal process. 

We know this article may raise more questions than it answers. In our law firm, we work to protect your peace of mind, especially when a loved one passes. When thinking of the future regarding the probate you may need to handle a loved one’s affairs, it is essential that you have a law firm that you can trust to help you prepare everything you need. The expert attorneys at Menéndez Law Firm in Fort Lauderdale, Florida, provide you with the highest level of professionalism and responsiveness to ensure you get the personal attention you deserve when planning out the future of your estate and so much more. Do not wait to contact us today!

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A will activates at death. For this reason, a key shortcoming of relying solely on a last will and testament is its lack of provision for managing your assets if you become incapacitated during your lifetime. What happens to your estate when you're unable to manage it yourself? This is not a question you want to leave to chance. Instead, you want to answer it early. Tax Planning and Minimization. Taxes can substantially affect the value of the inheritance your beneficiaries receive. A will may not account for tax planning or minimization strategies that could ultimately benefit your loved ones. Asset Protection for Beneficiaries. Ensuring that your beneficiaries' inheritance remains secure from creditors, divorces, or unforeseen challenges is a critical consideration. When you plan early with your experienced Florida estate planning attorney you can answer the question of: How can you safeguard the financial future of your beneficiaries? Let's delve into some scenarios that illustrate the unintended consequences that can arise when relying solely on a last will and testament for estate planning, especially in Florida. Remarriage's Impact on Inheritance. If your spouse remarries after your passing, their new marriage could potentially jeopardize your children's inheritance. Without proper planning, assets intended for your children might end up benefiting someone else. Challenges for Minor Beneficiaries. In Florida, minors cannot own property valued over $15,000. This limitation could mean that substantial wealth left to minors could require court intervention. And even more tragically, at the age of 18, which is the age of “adulthood” any inheritance that is being safeguarded is distributed to the now “adult” beneficiary. Are your beneficiaries prepared for this? Beneficiary Readiness and Vulnerabilities. Even if your beneficiaries are adults, are they ready to manage a substantial inheritance? Consider their financial responsibilities, potential creditor issues, divorces, addictions, and government benefit entitlements. The Probate Predicament. The necessity of probate is a significant drawback of relying solely on a last will and testament. This court-administered process can be time-consuming, expensive, and subject to complications. Probate can lead to unintended delays and disputes that affect your beneficiaries. Our attorney Nydia Menendez wants to share with you that there is indeed a more comprehensive and effective way to ensure your assets are distributed and managed in alignment with your intentions. By considering alternatives to a last will and testament, you can navigate the potential unintended consequences and complexities that arise. Planning your estate goes beyond the basics of a last will and testament. It involves careful consideration of the future implications of asset distribution, management, and preservation. 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