Florida Probate Attorney & Lawyer

Miami Beach Probate Lawyer

If you live in Miami Beach Florida and have had a family member pass away, you may have questions about probate lawyers. It is common for people to have questions. One often asked question, soon after the death is- "Do I need a lawyer?" The answer is yes, you do need a probate lawyer as most probate situations in Florida require a probate lawyer be involved in the administration of the decedent's Will.

It is important to also know that there are two exceptions to this law. The first exception is for very small estates. These typically qualify for a status called "disposition without administration." Another exception to the rule is when the executor of a Will is also the sole beneficiary in that Will. In these cases a lawyer may not be required.

Florida law, generally though, directs that a probate lawyer assist in the administration of a Will's property or assets in Miami Beach. In those circumstances, when the distribution of an estate does not require the assistance of a probate lawyer, the laws of estate administration are so complicated that if someone who is not a probate lawyer attempts to administer the estate they often become overwhelmed and frustrated.

People also frequently ask the question - "Is the probate lawyer required to live in Miami Beach Florida?" The answer to this question is "no," not usually. This is not the case though if the Will is contested. The probate lawyer, along with the personal representative, would be required to make an appearance in court in this situation, and in that situation, it would be wise to retain a Miami Beach probate attorney because a Miami Beach probate lawyer would be most familiar with the local courts and Judges, and this could be a helpful thing.

Do you wonder how long the probate process takes? It can take anywhere from six to twelve months for cases that do not go into dispute or are not contested. An estate that is taxable though can take up to two years before assets can be distributed. This is because a taxable estate must have an IRS document that says all applicable taxes have been paid. An IRS 706 form has to be filed within nine months of the date of death.

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.

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. Only a Florida probate attorney can assist you in this matter.

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