It’s not always easy to consider legal issues surrounding aging and the end of life. But, it is important to have the necessary documents and legal support in place so that your estate is not negatively impacted by probate proceedings. You may be wondering, what is probate and what do I need a probate lawyer for in Florida? Our compassionate, specially trained probate attorneys at The Law Office of Amy B. Van Fossen are here to answer these important questions.

What is Probate & How Does it Impact Me?

Probate is the term used for a court-monitored legal process that helps guide the personal representatives (also called executors) and beneficiaries of a person’s will or trust. It exists to help ensure that the desires of the deceased are followed, and also helps to protect personal representatives so they are not held personally liable for how those wishes are carried out.

In Florida, nearly all estates need a probate lawyer as Florida law requires an attorney to assist in the probate process. For several reasons, the system in Florida can be more complicated than in some other states and non-lawyers may find themselves frustrated navigating probate rules on their own. Our expert probate lawyers handle these types of probate regularly.

What Issues Can a Probate Lawyer Handle for Me?

As mentioned, the probate court process in Florida is uniquely complicated. You may be wondering what issues a probate lawyer can handle (or avoid) on your behalf when you hire this specific type of legal counsel:

  • Ensuring that the deceased’s wishes are carried out accurately and without liability to beneficiaries
  • Transferring assets out of the decedent’s name after the time of death as required by Florida law
  • Gathering all estate assets for appropriate distribution including bank accounts, real estate, stocks, life insurance, etc.
  • Resolving any outstanding debts, funeral costs, or applicable taxes related to the deceased’s estate
  • Acting as an intermediary in an estate dispute and helping with any family conflict that may occur
  • Administering of new or additional probate documents if some aspect of your estate is not legally in order
  • Attending to any issues regarding missing heirs who cannot be located
  • Working closely with the deceased person’s representative whether that be an individual, bank, or trust company
  • Handling any other unforeseen complications that may arise during the probate process

Our Probate Lawyers in Florida are Here to Help You

While the probate process may feel like a complicated imposition, it exists to protect you, your estate, personal representative(s), and your beneficiaries. The goal of our attorneys is to make sure that your estate plan is documented, followed, and executed in a way that protects your assets and loved ones. Hiring an experienced probate lawyer is one of the best ways to provide yourself with information, protection, and a person in your corner for those delicate end-of-life issues. At The Law Office of Amy B. Van Fossen, our team understands the elder law is deeply personal. We’re devoted to providing consistent care in a comfortable environment. Contact us today to learn more.