When a loved one dies, there is a lot of emotional territory to navigate. Then, there’s the process of coordinating a funeral. The very last thing on your mind at the moment is probably legal issues regarding your loved one’s will, trusts, and assets.
Unfortunately, because many adults do not have a last Will and Testament, their descendants end up involved in what’s called probate court for years to come, further prolonging the grieving process. Making this complicated matter even more complex is when an out-of-state relative passes. Different state laws regarding probate can add further complexities to an already complex legal process.
The Law Offices of Gary I. Handin, P.A., understand that these issues are the very last thing that a bereaved family needs to deal with. An experienced probate lawyer can help the probate proceedings move smoothly, so you can focus on healing and taking care of yourself and other relatives.
Let’s dive further into what a probate lawyer does and how they can help you and your family.
What Is Probate?
According to Florida law, probate refers to any assets in someone’s name at the time of their death. Their estate will have to go through the probate process to be passed on to the appropriate beneficiary. The process is supervised by the court, and it is required regardless of whether the deceased had a valid will or died without a Will. Of course, having a valid will makes the process go much smoother than it would without.
Florida probate law requires that a personal representative, also called an executor, be appointed to represent the estate, which usually requires that an attorney be retained to assist them throughout the proceedings. However, if the beneficiary lives in another state, the process becomes an ancillary probate.
What Is Ancillary Probate?
Probate proceedings typically occur in the state where the deceased person lived. However, things can get tricky if that person resides and dies in one state and owns property in another state. That means following the probate laws of that state, a process called “ancillary probate.”
Unfortunately, an ancillary probate often requires more time and expenses for the estate. The executor may need a lawyer from that state to help handle the affair. The estate’s money will pay for that lawyer, usually meaning less for the beneficiaries. Ancillary probate is needed according to the laws of the state where the property is held, not the state where the owner lives.
While it may be tempting to save money by handling the probate process remotely, we highly advise not to for a few reasons.
The Risks Of Remote Wills
While technology has made long-distance communication much easier, and remote work can be easily done anywhere in the world, that is not so when it comes to probate. Video meetings between executors and probate attorneys can be legally contested due to the sensitive nature of the topic at hand.
Some questions are sensitive enough to be better asked in person. It is difficult, if not impossible, to verify that only the executor is present for the virtual meeting, and no one else is lurking out of view.
If a will is challenged on capacity grounds, any decisions rendered through a virtual call may be declared invalid. Mental capacity is far easier to verify in person, particularly if a client is elderly and less comfortable or familiar with the ins and outs of video communication than, say, a younger client.
For these key reasons, we highly recommend seeking a Coral Springs probate attorney to get started. If an out-of-state attorney is needed, you will be given sound guidance on the next steps to take.
How An Attorney Can Help Out-Of-State Probate
Probate laws can be tricky, especially when the rules vary state by state. An attorney can greatly simplify the process in the following ways.
An experienced attorney will be well-versed in the relevant state laws to help guide an executor through every requirement. This is crucial to prevent errors and delays.
Manage Assets And Transactions
When it comes to the transfer of assets, such as real estate or financial accounts, you will definitely want the transfer of ownership handled delicately by a professional.
Handle Creditor Claims And Taxes
It’s a probate attorney’s job to help the personal representative identify and manage any creditor claims against an estate. This ensures that any outstanding debts are settled legally and promptly. They can also advise on any tax implications related to the assets in their own state.
Represent The Estate In Court
Sometimes, going to court is required when it comes to out-of-state assets. Your probate attorney will take care of filing the required paperwork, attending hearings, and advocating for your best interest and that of the estate.
Coordinate With Out-Of-State Attorneys
Should you be in a situation where multiple states are involved in probate, the attorneys can coordinate in the deceased’s home state. This ensures a smoother process for everyone involved, preventing conflict between the different jurisdictions.
Minimize Delays And Disputes
One of the most common reasons that probate issues can end up taking years to resolve is due to delays and disputes. While sometimes this happens because of conflict within the family, it can also occur when laypeople attempt to do their own work and not use any legal services.
While this seems like an attractive prospect to save money, attorneys know their craft: their knowledge and experience can help circumvent preventable mishaps or probate disputes that can cost you more money. Therefore, hiring an experienced probate lawyer is, ironically, a way to save money in the end.
Find A Coral Springs Probate Lawyer
When it comes to sensitive, emotional matters like death in the family, your focus is rightfully elsewhere. Don’t stress about the legalities involved in probate: let an experienced attorney handle it. Call today at 954-796-9600.