If I have a will, do I need to do a Probate?
Even if you have a will, you will be required to go through the probate. The purpose of the Probate is to make sure that your wishes outlined in your will are properly administered.
Losing a loved one is difficult enough; dealing with the resulting probate process can only serve to overwhelm you with more stress. When it comes to dealing with probate law and the transition of property ownership, our Florida probate attorney can offer you compassionate assistance with the management and distribution of your loved one’s assets. Probate administration can be a lengthy process, especially if controversy arises. Submitting a will, appointing a fiduciary, reviewing property and paying fees and creditors are just some of the steps involved, but our experienced attorneys can help you make this process as fast and simple as possible.
Don’t forget that planning for your own future is important, as well. In Fort Lauderdale, an estate planning attorney can help you get your own assets in order, and assist you with preparing a Last Will and Testament. We can help simplify the process so that your loved ones will have little to no difficulty with managing your finances and assets when you are gone.
Estate Administration/Probate:
Once a loved one has passed, our probate attorney’s can help administer their estate with the utmost care and making sure that the person’s wishes are properly distributed to their loved ones.
Will contests:
In some cases, there is due reason to challenge a will. We can help you understand the law and your rights when it comes to challenging a will due to suspicion over fraud, a lack of witnesses, or the mental incapacitation of the testator at the time of creating the will.
Breach of Fiduciary Duty:
When one has a fiduciary duty, that means that they have an obligation to act in the best interest of another party or business. When a fiduciary acts in a way that goes against the wishes or the best interest of the testator as outlined in a will, it constitutes a breach of that duty.
Interpretation of Will:
If you need help with interpreting the terms of a will or navigating legalese related to the terms, you’ll want to contact an experienced lawyer. We can also assist you if you feel as if the will has been wrongly interpreted by an executor - whether or not you believe it is intentional.
Spousal rights/Elective Share:
A deceased person’s spouse is entitled to a share of their estate, regardless of the terms that the will states. Sometimes, the surviving spouse can wind up with a very disproportionate amount of assets when compared to others - such as a previous spouse who was divorced. For help resolving these issues and understanding your rights and entitlements, you’ll want to contact us.
Trust Contests:
Similar to a will contest, a trust contest can occur if you believe that your loved one was coerced, unduly influenced, or mentally incapacitated at the time of signing the trust. This can be a tricky situation to navigate, and we can assist.
Summary Administration:
Summary administration can occur with or without the presence of a will. This is a procedure that generally occurs in two instances, the first is when the person has assets worth less than $75,000 and the second is when the person has been deceased 2 or more years . We can offer you guidance on this matter.
Our attorneys have the proven experience to provide you dedicated legal counsel in Fort Lauderdale. We pride ourselves on our professionalism and commitment to your case. We serve clients with a diverse range of backgrounds throughout Broward, Miami-Dade and Palm Beach Counties.
Even if you have a will, you will be required to go through the probate. The purpose of the Probate is to make sure that your wishes outlined in your will are properly administered.
Without a will, the court will follow the Florida Intestacy Statute 732.101 – 103 and will appoint a personal representative as required by Florida Statutes.
In Florida, you can qualify for a summary administration in two circumstances. The first is if the deceased has been dead for over two years. The second is if the value of the estate does not exceed $75,000.
If there is a will and you have not received what is owed to you, you’ll definitely want to contact a lawyer right away. We can help you receive what you are entitled to in this situation.
If there was no will to name a personal representative, or if the personal representative named has passed away or will not serve their position, then you may have an opportunity to be appointed. Contact us so that we can consult on your case and examine the options available to you under the laws governing the particular situation.
You’ll want to contact a lawyer to contest the will as soon as possible, especially if you have any supporting evidence. Get in touch with us so that we can consult with you on your case and help you to proceed.
Contact our estate planning attorney in Fort Lauderdale today for a prompt, free evaluation of your case. Use the form below to contact us online -- or simply give us a call.