Real Estate Law, Foreclosure Defense, Title Insurance, Business Law, Estate Planning, Probate

Tel: 954-796-9600 | Toll-free: 1-877-815-4560

We are operational and in compliance with state and federal guidelines. We are available to provide services such as Wills, Quitclaim deeds, durable powers of attorneys, probate services, and living Wills as well as title searches.
If you need help dealing with your bank or other mortgage holders in this financial crisis, give us a call.
All remotely and off-premises and electronically or email.

Contact Us   Call (954) 796-9600

What is Probate?

probate law firm

Talking Probate With Our Law Firm

Regardless of the leaps we are taking in technology today, no one lives forever. It is thus important to request the services of a probate law firm in order to ensure that when your time comes, all your affairs are in order. As you are aware, when someone passes on, they leave behind their assets. These assets are usually distributed in accordance with the departed’s last will and testament. There are often problems that do arise regardless of whether or not you have a trust or a will.

What is involved in probate?
It is a process that legally takes place after someone has passed on. The onus, burden of proof, is on the lawyer or named executor (Personal Representative) to prove that the will is indeed valid and the contents therein were not tampered with in any way. With probate, the law firm will also need to identify and create an inventory of the property as well as have it appraised. If the deceased has any unpaid debts or taxes these must be paid first and the remaining assets will be distributed in accordance with the will or state law in the absence of a will.

How does this process work?
As it stands, once you pass on, whomever you named as the executor of your will, will need to file the relevant documents in court. Once he/she has proven the validity of the will and secured your assets, creditors and relatives are then officially notified of your passing. Depending on state requirements, the bereaved family may request funding from the estate during this process. These funds would be there to support them while the legal process continues. All debts, however, must be paid. Do remember that depending on the state, not all property has to undergo probate, it depends on the value of the property and this can be transferred to a named relative or spouse in accordance with the will.

Who handles probate cases?
The named executor, also known as a Personal Representative here in Florida, of the will will oversee this process. If there is no final will or testament, the court will appoint a representative to oversee the process. Usually this representative is the closest relative of sound mind or it would be the person who would inherent the majority of the assets.

Navigating the legal world can be a tricky process, especially if you’re not from a specific state where the will and testament is to be carried out. The role that a probate attorney plays in this is vital to the safeguarding of your assets and the loved ones you leave behind, as he/she will have the required understanding to aid your relatives through this tough time. In terms of when it is necessary to have the services of a probate lawyer it depends on your circumstances, for example, if everything you own is listed in your name and not jointly with your spouse or your beneficiaries.

Spread the love

Law Offices of
Gary I. Handin, P.A.

Providing professional legal services for the city of Coral Springs. Contact us today for a free consultation – 954-796-9600.

Contact Us