Florida Probate Attorney & Lawyer
Pasco Probate Lawyer
Pasco Probate Lawyer
When an estate goes through probate, all debts or taxes owed by the estate are paid, and following this, the remaining assets are distributed to the beneficiaries of the estate according to the terms of the will (or according to Florida inheritance laws if no valid will existed). In cases where the will names a personal representative of the estate, he or she is responsible for managing the estate during probate.
The personal representative does not have to take on the dozens of duties associated with probate alone, however. Florida law requires that the representative hire a probate lawyer to assist them in managing the estate and completing probate. This requirement is made mainly because Florida probate law is complicated, and managing probate effectively requires specialized legal knowledge.
In situations where the personal representative of the estate is the sole beneficiary of the decedent, the requirement for a probate lawyer is waived, due to the relative simplicity of managing such an estate. It is still possible to hire a lawyer, of course, and because Florida probate courts do not provide any legal advice, this is often a prudent option.
If the decedent lived in Pasco, a Pasco probate lawyer will best serve the estate, as tasks must be carried out locally. These include filing documents with the Circuit Court, attending probate hearings, and publishing public notices to inform creditors when they may make claims on the estate. In addition, the Pasco probate lawyer can arrange the liquidation of assets, for an accountant to prepare tax returns, for the estate's assets to be appraised, and will also file petitions to begin and end probate. They can help the personal representative manage the estate while probate is in progress, which is particularly important if probate is in progress for a long time, and if the estate contains any investment assets. However, you may choose any probate attorney in the state of Florida who is of convenience to you;, if there are no issues in your probate being contested and that would require court appearances.
Probate can usually be finished in less than a year. However if the estate owes Federal taxes, probate may take up to two years to complete. Formal probate usually takes at least six months, because certain tasks are carried out according to a schedule. The Pasco probate lawyer can ensure that everything happens according to schedule, so that probate can be completed as quickly as possible.
Don't risk mishandling the estate that you have been appointed to protect. You must be certain that all creditors and governmental agencies are properly paid to avoid future liability or financial problems in the future. Only a Florida probate attorney can assist you in this matter.
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2008-04-07 12:21:18
Probate is the legal process of settling a deceased person's estate, which includes paying creditors or debts, and distributing the assets of the deceased to the correct beneficiaries. It is a complic ... [read more]
2008-04-22 15:25:49
is a term used to describe an attorney whose main area of practice includes estate planning (preparation of wills, trusts, powers of attorney for example) guardianship and probate of estates. Usually ... [read more]
2008-04-22 15:25:12
a personal representative may employ counsel to protect the estate, and to enable him/her to properly manage the estate. The personal representative can choose their own attorney, and is not requi ... [read more]
2008-04-22 15:23:45
the property of a decedent that is the subject to being probated or administered. Each state in our country has their own individual laws relating to decedent’s estates and they are very different. ... [read more]
2008-04-22 15:23:15
There are two types of Homestead in Florida. One is a tax exemption, which has nothing to do with probate. The other is a process that can be completed during probate, in which a Petition and Order ... [read more]
2008-04-22 15:22:22
this is the proceeding that one must go through to administer the estate (assets) of a decedent domiciled in the State of Florida or owning property in the state of Florida. Basically, administering ... [read more]
2008-04-22 15:20:37
The property of a decedent that is the subject to being probated or administered. Each state in our country has their own individual laws relating to decedent’s estates and they are very different. ... [read more]
2008-04-22 15:18:02
an attorney can agree to a flat rate fee in the state of Florida, for legal services. The Florida Probate Code provides in Section 733.6171, what compensation for attorneys would be considered rea ... [read more]
2008-04-22 15:16:37
the property of a decedent that is the subject to being probated or administered. Each state in our country has their own individual laws relating to decedent’s estates and they are very different ... [read more]
2008-04-22 15:05:35
Each county in the state of Florida has a Circuit Court which has jurisdiction over all probate matters. In that Circuit Court resides a probate division, that specializes in the administration of ... [read more]
2008-04-22 15:04:22
this is the proceeding that one must go through to administer the estate (assets) of a decedent domiciled in the State of Florida or owning property in the state of Florida. Basically, administeri ... [read more]
2008-04-22 15:01:13
Any pleading, petition, motion, order, etc., that is used in probate proceedings; which should be approved by the probate court and the Probate and Trust Law section of the Florida Bar, who is in char ... [read more]