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The hard, awkward part of this process is over. You sat your parents down with a coral springs probate lawyer and got them to draft their wills. You and your siblings have come to an agreement regarding how the assets should be split, and things are relatively amicable. The necessary part is now over.

Unfortunately, there has been a death. Further heartache can be mitigated because, fortunately, you have a will in place. A good probate lawyer should make the process as seamless as possible.

What is Probate?

Probate is the legal procedure that takes place when a person dies. It deals with the person’s will and assets listed therein. Depending on the person’s estate, Probate can be a lengthy process involving numerous court appearances and a great deal of paperwork.

Do I really need a coral springs probate lawyer for this?

This is not a simple process. It can be long and arduous, depending on the size of the estate. Our arsenal of skilled coral springs probate laywers will handle the various issues involved in the probate process. These include:

  • The submission of evidence to the courts that a person’s will is valid. If the will is contested, you will definitely need a coral springs probate lawyer for the litigation process;
  • Making a list of the deceased’s belongings and ensuring that each item is valued accurately. You may have a value in mind for some of these assets but have not taken into account depreciation or appreciation;
  • Payment of relevant taxes and debts; and
  • Asset allotment. Titles may have to be transferred, which are processes within themselves.

Our responsibility is to inform clients about the law that applies to your case, present the case to the court, and obtain the best possible result. The majority of probate cases are uncontested, which means there is only one legal outcome. We are well-versed in Florida law and can handle all possible contingencies.

Florida laws on Probate

There are some circumstances where you may not need Probate.
In Florida, any asset owned by a deceased person should be subject to Probate. Property with a named beneficiary or rights of survivorship is an exception to this rule. A life insurance payout, a retirement account, or a bank account with a “pay on death” declaration are all examples of property having a named beneficiary.

Real estate with a deed specifying that a surviving co-owner will take the decedent’s complete ownership interest upon their death is an example of a property with rights of survivorship. In Florida, property purchased by a husband and wife normally carries rights of survivorship, which means that upon the death of one spouse, the interest in the property falls to the other spouse.

Florida Statutes Section 733.101 governs the venue of a probate case. If a deceased was a Florida resident at the time of their death, their probate case must be filed in the county where they resided at the time of their death. A probate case can be filed in a county where the dead had a property for an out-of-state resident.

What if I don’t have a will?

Without a will, a person’s assets pass to their spouse and/or closest relatives. Under the 2022 Florida Probate Rules, sections 732.102 and 732.103 of the Florida Statutes specify how a decedent’s property is split when they die without a will. Intestate succession is the name given to this process.

If the will is challenged, the court will have to determine whether it is valid. Wills can be challenged on the grounds of being technically inadequate (lack of witness signatures), testamentary ability, fraud, or undue influence. A fabricated will or one in which the maker was duped into signing is referred to as a fraudulent will.

What if I suspect that there was fraudulent activity?

What if you are the one who wants to contest the validity of a will? Signatures can be forged. For the purposes of a Florida will, there can be a few instances of fraud, including:

  • The signatory of the will was induced to believe that the will they signed was not a will at all; or
  • The signatory was purposefully misled about crucial issues that influenced their will decisions.

If the maker did not have the full mental ability when they signed the will, he lacked the testamentary capacity to even sign such a document. Dementia, medicines, or other things that impact their cognition could be the reason for this.

Regardless of which side of the coin you fall on, a consultation with a coral springs probate lawyer is free, so you have nothing to lose. We are based in Coral Springs and primarily service the Broward, Miami-Dade, and Palm Beach areas, but clients from the Naples and Orlando areas have also benefited from our services.

What our clients say

Both serious injury and an Estate left to the state can leave you and your family in a challenging position
Pain…
Confusion…
Loss of life or legacy…

WE CAN HELP.

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