Orlando Probate Administration Attorney
When a loved one dies, their assets, directed by the will, are not immediately handed out and their debts paid off the very next day. Instead, there is usually a lengthy and sometimes expensive process called probate, assuming that the decedent did not leave behind a trust. Probate is the process of officially proving the validity of a will in court. During probate, the decedent’s debts must be paid off, as well as any taxes that they still owe. When a will is admitted to probate and the will is put into effect, only then can gifts be made to beneficiaries and the will executed. Most of the time, probate is a fairly straightforward and simple process.
Other times, it opens the doors for family members to dispute the validity of the will or their relative’s state of mind during an amendment that they made. These disputes need to be handled in a professional manner by an experienced attorney so that costly delays can be minimized and family feuds cut short before they get out of hand. Our Orlando probate administration attorneys assist personal representatives steer clear of problems, resolve disputes, and carry out their duties as executors of the will.
Orlando Probate Administration
Often, probate eats up between three and eight percent of the total assets left behind in the will, excluding taxes. An experienced attorney will greatly help minimize the costs of probate and resolve disputes between family members and between the executor of the will and beneficiaries. During probate, a personal representative is named, who is tasked with giving notice to creditors, paying off debts, resolving disputes against the estate, marshalling the assets of the estate, paying taxes, selling property to pay off taxes or debts, and distributing property to beneficiaries. The personal representative has many responsibilities, and legal help is most certainly needed.
How a Probate Lawyer Can Help You
As a personal representative, should you enlist the help of a professional attorney or should you handle all of the necessary probate issues alone? After all, hiring an attorney is not free. However, being legally represented is more financially savvy than not using an attorney, as a lawyer will be able to save the estate a lot of money in many circumstances.
Many disputes can arise during probate. One beneficiary may feel left out and argue that the decedent was subjected to undue influence, or one half of the family may believe that the personal representative violated their fiduciary duty, etc. Sometimes, mediation is the best solution. Other times, according to the American Bar Association, mediation will not work if the dispute stems from a long-standing family feud. You need an attorney who knows how to effectively resolve disputes in a timely, economical, and mutually beneficial manner.
Enlist the Help of an Orlando Probate Attorney
Probate should not be taken on alone by a personal representative without the help of an attorney. We encourage you to set up a consultation with one of our lawyers today at Sperling Ducker PLC.