When a family has just suffered the loss of a loved one it is faced with hard decisions when it is most difficult to make them. Hiring an experienced Florida Probate Attorney is very important step to get the help you need. Your choice of Boyer Law Firm to assist you in settling the estate’s affairs should add clarity, efficiency and peace of mind to the guiding the settlement of your loved one’s estate through settlement and probate proceedings. Boyer Law Firm works with the family to demystify Florida’s sometimes difficult probate procedures, laws and rules. Only through aggressive representation and compassionate care will your family ease the tension in this difficult situation.
Why Hire a Probate Lawyer in Florida?
Tackling the administration of the Estate should not be painful or overly burdensome if you hire an ethical attorney interested in a fair settlement of the affairs. The adverse consequences financially, legally, and emotionally are too high. With office in Jacksonville, Orlando and Miami, the Boyer Law Firm has experienced Florida probate attorneys ready to represent you at a location convenient to you.
The Florida Probate Process
The responsibility of who will administer the estate is usually set forth in the Last Will and Testament, and is called the executor. If you are appointed as the fiduciary (Executor/ix or Administrator) of an estate, you are under a legal obligation to settle the decedent’s estate in a timely manner, and for the benefit of those taking under the will.
A fiduciary is someone who is legally responsibility (liable) for taking care of the property of another person for the benefit of that person. Society, the courts, and your family must trust that person to be accountable and manage the affairs in an ethical, legal and moral way. If the fiduciary fails, litigation normally results. The repercussions of mishandling the affairs or breaching that loyalty to the estate can be especially severe, and result in personal liability. Accordingly, discussing your fiduciary obligations with an attorney is one of the first topics with which you should familiarize yourself. If that attorney does one thing, it should be to protect the executor from legal and financial liability.
When a person dies without a will, courts refer to that as dying “intestate.” When this happens, a fiduciary is needed to wind up the estate in accordance with the local law or statute, and is called an “administration.” During the administration, the fiduciary will allocate the property (both real and personal) following the statutory breakdowns for parents, children, uncles, and even grandparents of the decedent.
When money and death are involved, the fiduciary needs to hire competent attorneys to advise them how to allocate the assets of the estate, pay the estates bills and wind up the affairs of the person’s life.
Property and assets titled jointly with others, or in the name of a trust often do not pass “through the estate” and are not probated, often resulting in greater privacy and lower administrative costs. Hiring an attorney to understand the often complex lives of the decedent will often speed the distribution of those assets that do pass through the estate to the beneficiary.