When you pass away, you don’t want to leave your family members in any financial turmoil that could add to their emotional suffering. This is why it’s so important to work with an attorney to make an appropriate estate plan. Your estate plan needs to include a last will and testament that can be used by the Florida probate system to approve the distribution of your debts and possessions.
Why Does Probate Matter?
Probate is Florida’ legal process used to settle your estate after death.. It proves the validity of your will and presents a list of properties, debts, and inheritances tha need to be taken care of. Depending on the number of debts and assets you have upon death, the probate process could take weeks or months. Once it’s finally complete, relatives and creditors are officially notified of the death and given the opportunity to receive what is now theirs. This is where a tampa estate attorney comes into play and can assist.
What Can Skip Probate?
Fortunately, with the right legal preparation, your estates and assets may not be forced to cycle through probate lawyers st petersburg before being passed to their new owners. If you have property that is held by more than one person, a home owned with your spouse, or a shared bank account, they can all potentially be approved without the probate. The same goes for assets for which a beneficiary is assigned, like a retirement account or life insurance proceeds. A living trust is also a valuable tool that has the ability to pass down assets without going through probate.
Is Probate Every Liable to Litigation?
Probate litigation occurs when the circumstances surrounding a deceased individual’s probate attorney Lakeland procedures are called into question for some reason. It is often the case that a decedent’s last wishes are thwarted when invested parties disagree, so probate attorneys are hired to intervene and fight for the proper handling of the decedent’s estate and personal matters.
One of the most common types of probate litigation revolves around will contests if the last will and testament of the decedent is suspected to be invalid, fraudulent, or signed under duress. Somebody may suspect that mental incapacity, undue influence, or fraud are responsible for the will’s strange request, in which case they have the right to challenge the will’s validity.
If any situation arises after a family member’s death that causes you to question the probate’s handling of the estate, contact a probate litigation attorney to learn your rights.