Hendry County Probate - Probate in Florida
There are several reasons why you may need a Hendry probate lawyer. These lawyers not only serve to direct the distribution of the assets of a loved one after they depart, or act as a lawyer in litigation cases over a will - or if there is not a written will, but they also help in estate planning, too. This means that some decisions may need to be made when you decide you need a Hendry probate lawyer.
Hendry probate lawyers can assist you in your estate planning - which would reduce the taxes the family members and loved ones have to pay when the assets are distributed. You can also be shown various ways to get around the need for probate court by setting up trusts, writing a will, etc. This would result in saving a lot of money in taxes and make the distribution of assets go much smoother - and quicker. By making preparation before your death, or that of a loved one, you may be able to simplify the things you need a Hendry probate attorney for later.
When you get ready to contact a Hendry probate attorney, it is important to know what kind of probate attorney you want. There are actually three kinds. The first kind is one that simply is involved in the distribution of the assets of the departed to the intended recipients - when there is a will. This same attorney will also come in and handle the situation if there is no will. The second kind is needed when there is some kind of dispute over the will, or over the way the state chooses to distribute the assets. They handle the litigation cases. Then, the third kind is simply one that does both.
You may choose any probate attorney in the state of Florida who is of convenience to you; however, if there are issues in your probate being contested and that would require court appearances, then it would be wise to have a Hendry Probate lawyer because an Hendry probate attorney would be more familiar with the local Judges and Court system, and that would prove very helpful.
The fees for a Florida probate attorney are usually charged according to Florida Statutes Section 733.6171, which states:
733.6171 Compensation of attorney for the personal representative -
(1) Attorneys for personal representatives shall be entitled to reasonable compensation payable from the estate assets without court order.
(2) The attorney, the personal representative, and persona bearing the impact of the compensation may agree to compensation determined in a different manner than provided in this section if the manner is disclosed to the parties bearing the impact of the compensation and if no objection is made as provided for in the Florida Probate Rules.
(3) Compensation for ordinary services of attorneys in formal estate administration is presumed to be reasonable if based on the compensable value of the estate, which is the inventory value of the probate estate assets and the income earned by the estate during the administration as provided in the following schedule:
(a) One thousand five hundred dollars for estates having a value of $40,000 or less
(b) An additional $750 for estates having a value of more than $40,000, but not exceeding $70,000.
(c) An additional $750 for estates having a value of more than $70,000 and not exceeding $100,000.
(d) For estates having a value in excess of $100,000, at the rate of 3 percent on the next $900,000.
(e) At the rate of 2.5 percent for all above $1 million and not exceeding $3 million.
(f) At the rate of 2 percent for all above $3 million and not exceeding $5 million.
(g) At the rate of 1.5 percent for all above $5 million and not exceeding $10 million
(h) At a rate of 1 percent for all above $10 million.
You can determine which probate attorney to choose when you go to that attorney's Web page. There you will often find that they specialize in one aspect of the probate issues. If they just list both types, then they probably do not specialize. Also be sure research whether or not that lawyer is a member in good standing with the bar association.
Don't risk mishandling the estate you have been appointed to protect. You must be certain that all creditors and governmental agencies are properly paid so that the beneficiaries receive their assets free of problems in the future. Get a free consultation from a Hendry County Probate Lawyer today!
