Should You Work With An Estate Administration Lawyer In Daytona Beach?
The time after a loved one passes away is a stressful and emotional one. During your time of grief, you may also have to help with your loved one’s estate throughout the probate process. The process of working with the probate court is complicated and long. Depending on the size and complexity of an estate, probate can take anywhere from months to years.
In the majority of situations, the law in Florida requires that you work with a probate attorney. Below, our Daytona Beach estate administration lawyer outlines when, and why, you should work with a probate attorney.
When are You Not Required to Work with an Estate Administration Lawyer?
While most cases require the help of an estate administration lawyer, there are times when you are not required to obtain legal counsel. These include the following scenarios:
- Summary administration
- Instances when the personal representative is the only beneficiary
- Disposition without administration
In any other situation other than the above, you are required to have legal representation when going through the probate process. Even when the law does not require it, there are many benefits associated with working with an estate administration lawyer.
Minimize Family Disputes
Unfortunately, the probate process can often create disputes between family members. Beneficiaries may disagree about anything from personal property to money and at times, they may even threaten legal action. An attorney is an objective third party who can minimize the tension and provide solutions that are agreeable to all parties. Additionally, an attorney can ensure there are no claims from family members in the future arguing that the estate was not administered properly.
Handle the Legal Details
State law in Florida requires all property to be transferred out of the name of the deceased. This may seem relatively straightforward, but it is not. There are many complicated rules that must be followed. An attorney will understand the different specifications and have the necessary forms that are not always easy to find, or to complete.
Quicker Access to the Estate
Even with simple estates, the process can take months, or longer. No one has access to the property in the estate right away but an attorney can help expedite the process. Your lawyer will have the documents you need and know what you need to collect to help move the process along faster. This reduces the chances of probate being rejected, which can cause unnecessary delays.
Will Challenges
Regardless of whether you are the beneficiary or the personal representative, you may have questions regarding the validity of the will being submitted to probate. An attorney can advise on will challenges based on fraud, undue influence, lack of mental capacity, or other grounds.
Our Estate Administration Lawyer in Daytona Beach Can Help with Your Case
The above are just a few benefits of working with a Daytona Beach estate administration lawyer. At Bundza & Rodriguez, our experienced attorney can provide the legal advice you need throughout the entire process to ensure it is as easy as possible for you. Call us now at 386-252-5170 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html
