Top 4 Reasons You Need a Probate Lawyer in Florida
Altogether too often people think of hiring a probate lawyer after a loved one has passed away. This is obviously when probate will be settled, but there are other times in which you may be required to consult with a probate attorney.
Before getting into the reasons why you might need a probate lawyer in the State of Florida, it is important to note that probate laws may vary from state to state. Some states are community property states in which the surviving spouse’s rights take precedence, for example. With this in mind, it’s time to look specifically at the top four reasons why you need a probate lawyer in Florida.
1. Wills
One of the more important services a probate lawyer can perform is to help draft wills. While you may find self-help wills in office supply stores and online, remember that laws change state to state. Also, an attorney can best advise on issues which may cause your loved ones stress so that the wording can be specific as to your intentions on the division of your money and property.
2. Resolves Family Disputes
Although you can find almost anything you want to know about online, the only way to be assured that you are getting accurate Florida probate information is to hire an attorney. If the family of a deceased loved one disputes the disposition of property, only a court of law can settle those disputes. A probate lawyer can oftentimes explain why you should or shouldn’t dispute a will and often this is all it takes to avoid fracturing the family.
3. Probate Lawyers May Be Able to Expedite the Process
There may be times when a bereaved family needs the continued support of a loved one who was the sole supporter. While it may not always be possible, probate attorneys do know ‘the ropes’ and can often work within the system to expedite settlement. For example, if the home is about to go into foreclosure, the probate lawyer representing the surviving spouse may be able to speed up the process, giving them the funds they need to resolve financial difficulties. Probate can actually be held up in the courts for several years!
4. Filing and Technical Issues
Here is a big one! Unless you’ve filed the appropriate documents with the jurisdiction in question, your will may not be enforceable. In order to make sure the right people get exactly what you are leaving them, you really should let an attorney draft and file your will. Altogether too many times technical issues held up final disposition in the court.
In the end, if you want to ensure that your will is legal and enforceable, it is imperative that you “dot your I’s and cross your t’s” as the old saying goes. The only way to ensure that you have a legal and binding will would be to hire an attorney. Likewise, if you feel you have a claim or someone is staking an erroneous claim, an attorney is an absolute must.
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