The death of a loved one is a difficult time filled with strong emotions. If you are faced with the task of overseeing the probate process it can make an already difficult time seem impossible to get through. Florida probate attorney Joseph W. Lehn can help you and your family with the often complex legal issues that arise after the death of a loved one.
What Is Probate?
Probate is the legal process that follows the death of an individual. During probate, the decedent’s estate assets must be located, valued and inventoried. Next, creditors of the estate must be notified and provided an opportunity to file claims against the estate. Any challenges to the decedent’s Last Will and Testament must be litigated as well. Finally, all tax returns must be filed and taxes of both the decedent and the estate paid before the remaining estate assets can be transferred to the beneficiaries or heirs of the estate.
Who Handles Probate?
If the decedent executed a Last Will and Testament prior to death the person named as executor under the Will typically oversees the probate of the estate. When a decedent dies intestate, or without a valid Will, the court will appoint a personal representative to handle the probate of the estate.
Formal probate often takes months, even years, to complete. In some cases, an alternative to formal probate is available in Florida for uncontested estates with minimal assets. Both Summary Administration and Disposition Without Administration are abbreviated methods of probating a decedent’s estate if the estate qualifies.
Do I Need an Attorney?
A wide variety of legal issues may arise during the probate of even a simple estate. An executor or personal representative may be faced with legal issues in the areas of contracts, property law, tax law, and wills and trusts during the probate of an estate. Because most people are unfamiliar with the laws related to these common issues, it is best to depend on the assistance of an experienced Florida probate attorney to ensure that costly and time consuming mistakes are not made.
Why Choose Lehn Law, P.A. ?
At Lehn Law, P.A., we take causes, not cases. We take a personal interest in each and every client that we represent. Our caring, compassionate, and competent team is waiting to help you through the probate process at either our Port Charlotte or Sarasota office. Contact the team at Lehn Law, P.A. today by calling 941-255-5346 or 941-487-7100 to find out how we can help you.