Probate is a complex legal process that is often fraught with complications, delays, and unexpected setbacks. If you have recently lost a loved one and are concerned that issues may arise when your loved one’s estate is probated, you must consult with an experienced probate law attorney as soon as possible. The emotional toll of grief and administrative burdens that accompany a loved one’s loss can already be an overwhelming combination, and adding probate issues into the mix is the last thing you need. With a reputable attorney by your side, you can focus on supporting your family and healing after your loss while any probate hurdles are taken care of.
What Is Probate?
In terms of Florida law, the estate of every person who dies with assets solely in their name must go through a process called probate. When a person has left a will, probate involves the verification of the will’s validity, the identification of the deceased person’s assets, the settling of estate debts, and the distribution of the deceased’s assets to their beneficiaries in accordance with the provisions of the will. Probate is managed by the ‘Personal Representative’ (or executor) of the deceased estate. The Personal Representative is usually nominated in the will, and they must accept their appointment before probate can begin. In terms of Florida law, all Personal Representatives must be represented by an attorney, unless they are the sole beneficiary of the estate.
Probate is a court-supervised process and must be meticulously completed in accordance with the Florida Probate Code. Even under the best circumstances, where an estate is simple to administer, and no disputes arise, probate can take several months to over a year. For this reason, it is essential that you retain an attorney with probate law expertise to assist you if you have been named the Personal Representative of your loved one’s estate. The smallest of errors can cause lengthy delays, so you want to be sure that you have an experienced and knowledgeable attorney guiding you through the process. It is also a good idea to consult with a probate attorney if you are a beneficiary of a deceased estate and you anticipate disputes with creditors or other beneficiaries.
Five Common Probate Complications Requiring The Assistance Of A Probate Law Attorney
Litigation is never straightforward, but probate litigation can be particularly lengthy and expensive. The sooner you appoint a reputable probate attorney to assist you, the better prepared you will be to deal with any probate complications that arise. If you are concerned that any of the following scenarios may unfold during probate, the services of an experienced probate law attorney will be indispensable.
1. The will’s validity is contested
This is a probate obstacle that many people will recognize from television legal dramas. If a creditor or beneficiary of the deceased estate challenges the will’s validity, probate could be significantly delayed, as the litigation may take several years to resolve.
The validity of a will could be contested for a variety of reasons. The will may not have been properly executed (i.e., signed) by the deceased, or there may be concerns that their signature has been forged. The will’s validity may also be disputed in circumstances where there are suspicions that they were under the undue influence of another person when they wrote their will, were incapacitated, or were coerced into leaving their assets to particular beneficiaries. Validity disputes can lead to complex and lengthy trial proceedings that require many months of court hearings, so hiring an experienced probate law attorney will be essential in these circumstances.
2. The will’s provisions are ambiguous
Disputes about interpretation are another common probate issue that may arise in relation to the deceased’s will. If the deceased’s will was poorly worded or beneficiaries are not properly named, the Personal Representative may need to seek the court’s guidance on how to interpret the will’s provisions. This kind of complication can cause significant delays yet can be easily avoided when a will is properly drafted with the help of an estate planning attorney – an important consideration to keep in mind if your loved one’s passing has led you to re-evaluate your own will.
3. Unanticipated creditors’ claims are filed
When a person dies with many unsettled debts, this can cause major issues during probate. Unanticipated creditors’ claims can greatly delay the process, especially when the Personal Representative denies the existence of the underlying debt, or the terms of the loan agreement giving rise to the debt are disputed. Creditors with large claims or competing claims on the deceased’s fixed property may also decide to initiate litigation to contest the probate. These scenarios, if they become litigious, are highly complex, and the Personal Representative will require an experienced probate law attorney to represent them.
4. Disputes arise between beneficiaries
Unfortunately, it is not uncommon for family members to fall into disagreement over the distribution of their loved one’s assets. This kind of dispute is especially likely where a deceased estate is large, and a family member has been disinherited, or where there were interpersonal disputes and grievances between family members even before their loved one’s passing. If the deceased had multiple marriages, or was in the process of separating from a partner at the time of their passing, this may also lead to disputes between former spouses, children, and step-children.
Another common source of contention among beneficiaries is the fate of the deceased’s fixed property: some beneficiaries may wish for the family home to be sold, whereas others may want to retain it. A probate law attorney who has experience in mediation and negotiation may be able to help beneficiaries reach an amicable agreement on how best to proceed.
5. The Personal Representative breaches their duties
If you are the beneficiary of a deceased estate and you suspect that the Personal Representative is abdicating their responsibilities or is actively breaching their duties, it is important that you consult with a probate attorney as a matter of urgency. It is particularly important that you do so in circumstances where there are indications that the Personal Representative is embezzling the estate assets. A probate lawyer will help you to initiate legal proceedings to remove the Personal Representative and protect (and, where necessary, recover) the estate assets.
A Trusted Coral Springs Probate Law Attorney Is Here To Assist You
Contested probate proceedings can be lengthy and expensive, not to mention personally and emotionally taxing. If you have been nominated as the Personal Representative of a deceased estate, or are a beneficiary anticipating probate disputes, it is essential that you appoint a trusted probate law attorney to assist you as soon as possible. The legal team at the Law Offices of Gary I. Handin, P.A. has years of experience in helping Florida’s families with even the most complex probate proceedings. We are renowned for our compassion and depth of legal expertise in probate matters and our exceptional client service.
To find out more about our wide range of legal services, give us a call today at 1-877-815-4560.